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2015, 03-24 Formal Format MeetingMINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, March 24, 2015 Mayor Grafos called the meeting to order at 6:00 p.m. Attendance: Dean Grafos, Mayor Arne Woodard, Deputy Mayor Chuck Hafner, Councilmember Rod Higgins, Councilmember Ed Pace, Councilmember Ben Wick, Councilmember ABSENT: Bill Bates, Councilmember City Staff: Mike Jackson, City Manager Mark Calhoun, Deputy City Manager Cary Driskell, City Attorney Mike Stone, Parks & Recreation Director Eric Guth, Public Works Director Erik Lamb, Deputy City Attorney Gabe Gallinger, Senior Development Engineer Steve Worley, Senior Engineer Christina Janssen, Planner Marty Palaniuk, Planner Chris Bainbridge, City Clerk INVOCATION: Prior to the invocation, Mayor Grafos announced that Council would hold an executive session at the end of tonight's meeting. In the absence of a pastor, Mayor Grafos asked for a few moments of silence. PLEDGE OF ALLEGIANCE: Council, Staff, and audience stood for the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present except Councilmember Bates. It was moved by Councilmember Higgins, seconded and unanimously agreed to excuse Councilmember Bates from tonight's meeting. APPROVAL OF AGENDA: It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the amended agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Hafner: reported that he attended the Health Board meeting where they continue examining the composition of the board as well as the Board's governing manual; and that he went to a STA (Spokane Transit Authority) meeting. Councilmember Pace: said he judged a Home School science fair; went to the Greater Valley Support Network meeting, the STA Board meeting, and the State of the County address. Councilmember Higgins: said he went to the Japanese American Citizens League annual get-together; said he and City Attorney Driskell testified in Olympia on the transportation bill, which he said will be explained further later by Mr. Driskell. Councilmember Wick: reported that he attended the State of the County address; as part of the Chamber of Commerce trip, he went to Olympia where the focus was on transportation projects, and said the Barker Grade Separation and Interchange are in the Senate package now; went to a Spokane Valley Business Association meeting which focused on transportation and said he gave a report on issues being addressed by the legislature. Minutes Regular Council Meeting: 03-24-2015 Page 1 of 7 Approved by Council: 04-14-2015 Deputy Mayor Woodard: as part of the Housing and Community Development Advisory Committee, said concerning the CDBG (Community Development Block Grant) applications, they found an additional $68,000 to go toward the sidewalks around Seth Woodard School, and said that recommendation was unanimously forwarded to the Board of County Commissioners for final consideration. MAYOR'S REPORT: Reported that he attended the State of the County address; and went to the NE Mayor's Conference where they talked about the need for a transportation bill for the State. In that regard, he asked for Council support to submit the following proposed testimony and/or letter of support: "The City of Spokane Valley requests legislative action to address the need for increased transportation funding in the 2015 Legislative Session, including direct funding for local transportation needs. We all recognize that quality transportation infrastructure is an important aspect of economic development. Yet, local revenues simply cannot support the high cost of bridge and road construction projects. The City of Spokane Valley is supportive of the legislature's consideration of the transportation revenue package that includes Barker Road overpass. The Barker/State Route 290 (Trent) overpass would open up 500 acres of industrial property for development with a potential economic output of $2 Billion creating up to 9,800 new jobs in the state. Recognizing that state, county and city government in Washington all face the immense financial challenge of maintaining our transportation infrastructure, we support statewide measures to fund essential projects. The City of Spokane Valley is maximizing their local support for the Barker Overpass and we have committed a $2.9 million City match for this critical project. We are deeply appreciative of the past and present funding support from the State of Washington transportation programs and we offer our support as you consider transportation funding options to address statewide needs." City Manager Jackson said it has been our practice to sign in to support or not to support a bill; and said he recommends extending our support by providing the testimony as stated. There was Council discussion about the suggested testimony versus the actual transportation bill, and/or a letter of support, and it was ultimately determined that Council would support the testimony as stated. PUBLIC COMMENTS: Mayor Grafos invited public comment. Sandy Pavelich: said she represents residents of the Valley concerned about the Painted Hills Golf Course purchased by the Black Development Company; said she sent Council a notice that Black had sent to residents, and said residents are concerned about the environmental impact resulting from the floodplain and the consequence that might occur with the aquifer and wetlands in the Chester Creek watershed; said they are also concerned with increased traffic; said if there is another fire storm in the area, there is a concern about evacuating people in the area. Bob Race, Spokane Valley: he invited Council to a Kiwanis sponsored "Paint -A -Helmet" event April 25 at the Spokane Fair & Expo Center and he handed the Clerk a flyer advertising the event; on another topic, said he spent more than 40 years in the transportation industry and noticed that the Industrial Park in Spokane is full and there are no opportunities for development unless this Council fully supports the issue so there is an opportunity for funding the Barker Road Interchange; said railroad crossings will be closed in various areas so this is a vital interchange to compensate for that; said the project is supported by the Valley Business Association, Valley Chamber of Commerce, Transportation Club, and others and for those who choose not to support this he thinks there will be a major issue "come election time" with 9,800 jobs that don't happen because this Council has chosen not to support the issue. 1. PUBLIC HEARING: Mining Moratorium — Erik Lamb Mayor Grafos opened the public hearing at 6:30 p.m. Deputy City Attorney Lamb gave a brief overview of the moratorium, and emphasized that this does not impact existing uses today; that after tonight's hearing and review of comments, this will be placed on a future Council agenda for consideration of approval of the Findings of Fact. Mayor Grafos invited public comment. Minutes Regular Council Meeting: 03-24-2015 Page 2 of 7 Approved by Council: 04-14-2015 John Pederson, Spokane County Planning Director: said he is authorized to speak on behalf of the Board of County Commissioners, mentioned and then read most of the Commissioners March 24, 2015 letter to Council, which in summary states that the County believes the current moratorium will have unintended consequences of precluding mineral extraction on Spokane County owned property in the City of Spokane Valley, that it will significantly increase the cost of materials for future road maintenance and construction, and that it will impact the County's incentive to partnership with the City to extend public sewer in the Tshirley Road area, and they request Council either repeal the ordinance, or repeal it and in its place adopt chapter 14.260 of the Spokane County Code as this City's interim development regulation chapter. Mr. Peterson also included as an attachment to the letter, a copy of the County's Code Chapter 14.620, Mineral Lands. John Shogren, Central Pre -Mix: spoken in opposition to the moratorium; said he realizes this is temporary but it will lead to making it more difficult to run a business; said he noted this was not intended to impact existing businesses but said that is rarely the case as it will lead to more regulations and red tape; said he has over 300 employees and he feels this will financially damage his business; said a gravel pit and land use are not mutually exclusive in the long term. Paul Franz, Local General Manager for Central Pre -Mix: said the ordinance mentions that reclamation renders the land unusable for anything else; said he has picture that shows that is false; said mining is an interim use of a piece of land and it is very common to be reclaimed into useful property; said to say it destroys property permanently in incorrect; said the land doesn't go away and is still valuable and can be re -used; said this moratorium stops changes they were going to make. Juna McDonald, Licensed Professional Engineer: said she is the corporate environmental engineer for Central Pre -Mix; she disagreed that the moratorium does not affect existing operations; said they are often expected and required by the Department of Natural Resources to make updates, and under the moratorium would be in direct conflict with their permitting agency; she asked Council to repeal the moratorium and if not, their attorney will submit comments to hopefully be fully exempt. Stacy Bjordahl: Attorney speaking on behalf of CPM Development Corporation, which she said owns and operates four mining sites in the City of Spokane Valley; she submitted a letter explaining their position, which letter she said was previously submitted to legal counsel; said the Growth Management Act mandates that natural resource lands be preserved and protected, but the City's development regulations currently do not do that; said the City does not have a shortage of industrial land but rather has 80 years' worth of industrial land so the supply is not in jeopardy; said the sites are interim and will be reclaimed and are put to good use; said her letter suggests some amendments to the moratorium; and asks that the moratorium either be repealed or amended so that existing mining operations are not adversely impacted. Lance Senter: said he is a recently retired exploration geologist and said the moratorium will hurt the City's economy as well as the economy of the surrounding area; said he is not a member of Central Pre- mix or any other industry, but speaks for himself as a private citizen; he knows the importance of using natural resources; said the land can be reclaimed; said this City advertises itself as being business friendly, but this seems contrary to that and he would like the moratorium repealed. There were no other public comments and Mayor Grafos closed the public hearing at 6:55 p.m. 2. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion: I move to approve the Consent A'enda. a. Approval of vouchers listed on Mar 24, 2015 Request for Council Action Folin Totaling: $2,078,406.67 Minutes Regular Council Meeting: 03-24-2015 Page 3 of 7 Approved by Council: 04-14-2015 b. Approval of Payroll for Pay Period Ending March 15, 2015: $304,305.44 c. Approval of February 9, 2015 Council/County Special Joint Meeting Minutes d. Approval of March 10, 2015 Council Formal Meeting Minutes e. Approval of March 17, 2015 Council Study Session Meeting Minutes It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 3. First Reading Proposed Ordinance 15-006 Comprehensive Plan Amendments — Christina Janssen, and Marty Palaniuk After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to advance Ordinance 15-006 adopting Comprehensive Plan amendments CPA 2015-0001 and CPA 2015-0002, to a second reading. After Planner Janssen went through the proposed amendment as shown in her PowerPoint presentation, Mayor Grafos invited public comments. Stanley Schwartz, Attorney representing Applicant: he mentioned several documents included in the record and delivered to the Planning Commission: a letter from him to the Commissioners, a letter from the property owner, and a letter and study from NEI Black about surplus office space in Spokane Valley; he mentioned the Staff Report is favorable to this change, and that the proposal shows it is consistent with the Comprehensive Plan; said this is a unique site; his client was unable to attend tonight's meeting but will be here for the second reading; and he encouraged approval of the amendment to put the property to a higher and better use. There were no other comments for this proposed amendment. Planner Palaniuk then explained the second proposed amendment, a request to change the designation from Low Density Residential with a single-family residential zone classification, to a Mixed Use Center designation with a Mixed Use Center zone classification. Mr. Palaniuk noted the public comments which were received outside the public comment period, including a petition from twenty-five homeowners in opposition to the proposal, have tonight been distributed to Council. Mayor Grafos invited public comments. Joe House, Spokane Valley: said he lives around the corner on Montgomery and owns two properties on Flora Road; said developing this as mixed use is not good use of the land; that it needs a buffer between the existing houses and those that will be built; said he collected over 50 signatures from people in the neighborhood asking that this proposal be denied; said he hasn't spoken to anyone in that area in favor of this; and he submitted his letter and petition. Patricia Abraham: said she submitted this request on behalf of her mother and the next-door neighborhood; said she has lived in the community all her life and understands some of the concerns; said the original plan was to put in a senior citizen's mobile home development; but things have changed and now that doesn't seem to be a good fit; said she was left with the problem of what could be done with the property; said the proposal now is to put in a storage unit which she said, won't have a lot of traffic impact; said it could be used for storage of boats and RVs and for people who need to store things while looking for a home; said this is currently one of the only parcels left still zoned R3 and she is trying to maximize it; that it would create contiguous zoning, and properties around the area are either mixed use center, or R-4. In response to a question from Deputy Mayor Woodard about permitted uses of the property, Mr. Palaniuk said some permitted uses would be multi-lamily, offices, self-service storage, as well as others; said there could be a development up to 60' with retail on the bottom and some multi -family on top; it could include some retail, although that is fairly limited. Mr. Jackson suggested Council amend the motion to split the proposals into two ordinances for the second reading. It was then moved by Deputy Minutes Regular Council Meeting: 03-24-2015 Page 4 of 7 Approved by Council: 04-14-2015 Mayor Woodard, seconded and unanimously agreed to amend the motion to split the proposals into two ordinances for the second reading; and Council voted unanimously to approve the fully amended motion to advance Ordinance 15-006 adopting comprehensive Plan amendments CPA 2015-0001 and CPA 2015-002 to a second reading, and to split the ordinances at the second reading and to consider each independently. 4. First Reading Proposed Ordinance 15-007 Zoning Map Amendments — Christina Janssen, Marty Palaniuk After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to advance ordinance 15-007 adopting updates to the Oficial Zoning Map to a second reading, and to split the ordinances into two separate ordinances to be considered independently. Planner Palaniuk gave a brief overview of the proposed change. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 5. First Reading Proposed Ordinance 15-008 Additional Lodging Tax — Erik Lamb After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to advance Ordinance No. 15-008, amending SVMC 3.20 to impose an additional special excise tax on the sale of lodging to be used for certain capital expenditures for tourism promotion purposes, to a second reading. Deputy City Attorney Lamb explained the proposal, which is as a result from a recommendation from the Lodging Tax Advisory Committee (LTAC); and said if approved, the funds would be set aside as a capital reserve and would not be subject to appropriation by the LTAC and City as part of the annual distribution process until a project or plan for tourism facility was developed and proposed by the City. Mr. Lamb explained that such additional funds would be placed into a separate fund with the revenues from the additional 1.3% limited to acquiring, constructing, making improvements to or other related capital expenditures for large sporting venues, or venues for tourism -related facilities, which facilities generate overnight guests at lodging facilities subject to the lodging tax as allowed and provided by law. Further, Mr. Lamb said in order to approve an additional tax, the municipality must provide a 45 - day period for the LTAC to comment, but as this recommendation was originally from the LTAC, if it is Council's desire to impose an increased tax, it could only do so after April 11, 2015. There was discussion about the use of the funds and Mr. Lamb explained that it must be a capital improvement; that there is reference to a sports venue but that is not limited to just sports, but it could be any capital improvement that would generate over -night stays at hotels; said the anticipated amount of extra funding is $330,000 a year. Councilmember Hafner said if these funds were kept for ten years, that would amount to over $3 million, and he asked if a soccer field would be an appropriate use and Mr. Lamb replied it would. The importance of a plan was also mentioned and Mr. Lamb explained that the state auditor has indicated this could not be used solely to develop a plan, but the revenues could be used for a tourism promotion plan of some sort to determine how best to spend the revenues within Spokane Valley. Mayor Grafos invited public comment. Lee Cameron, Owner Spokane Hospitality and Mirabeau Park Hotel & Convention Center: said he brought two versions of the same support letter, with several different signatures; and another letter from the City of Spokane Valley Hotels expressing a willingness to increase the tax, but sharing some concerns; he said there is strong support on this proposal from the lodging community in Spokane Valley to invest in facilities; said a lot of funding goes outside the City, some comes back but much doesn't and we don't have a marketable tourism facility; he feels it is essential that dollars be in a dedicated fund for that purpose; said Council provided some direction and goals and he feels this proposal fits those well; he also noted that signature doesn't mean a vote against this proposal were out of town or aiov uiu� a blank �j proposal, , asmany had to seek corporate authorization. Jody Sanders: also mentioned the letter from the City of Spokane Valley hotels expressing some concerns; said they support raising the tax as a facility is needed in the valley; and that they look forward to working Council as this moves forward. Coleen Heinselman, Minutes Regular Council Meeting: 03-24-2015 Page 5 of 7 Approved by Council: 04-14-2015 General Manager Spokane Valley Hampton Inn Suites: also voiced her support and said she feels it would be a great asset to get people here and stop sending them downtown. Andy Rooney, General Manager Mirabeau: said he supports the tourism of Spokane Valley and feels it will make it a very vibrant community and help in the long run. There were no further comments. Councilmember Wick said that the LTAC had some very deliberate discussion about this as there was a lot of confusion about the tax; and said he supports the motion and appreciates the Hotel Association gathering the signatures. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 6. Proposed Resolution 15-003 Amending 2015 Transportation Improvement Plan (TIP)— Steve Worley It was moved by Deputy Mayor Woodard and seconded to approve Resolution 15-003 adopting the 2015 amended TIP. Mr. Worley explained that this amends just the 2015 TIP by deleting projects that did not receive funding, and adding those projects that were not completed in 2014 and have been carried over to 2015. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 7. Motion Consideration: CMAQ Call for Projects Steve Worley [public comment] 8. Motion Consideration: City Hall Architectural Services Contract — Gabe Gallinger It was moved by Deputy Mayor Woodard and seconded to award the design contract for the City Hall project to Architects West, and authorize the City Manager to finalize and execute the contract. Senior Engineer Gallinger explained that this proposal was before Council last week when a detailed description of the steps taken so far were explained; said staff recommends Architects West as the most qualified firm. Mayor Grafos invited public comment. City Clerk Bainbridge mentioned an e-mail received from Dr. Philip Rudy expressing support of the plan and location for a new City Hall; and expressing some safety concerns concerning traffic. Each Councilmember received a copy of the e-mail. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. PUBLIC COMMENTS: Mayor Grafos invited public comment; no comments were offered. ADMINISTRATIVE REPORTS: 7. CMAQ/TA (Congestion Mitigation & Air Quality and Transportation Alternatives) Call for Projects — Steve Worley Senior Engineer Worley explained that this has been moved to an administrative report rather than a motion, as after the materials were originally submitted for inclusion in the Council packet, staff met with and received more information from SRTC (Spokane Regional Transportation Council). Mr. Worley explained that when this item was last discussed, some comments were made about the Pines Road underpass, to move that forward instead of the Sullivan Road Bridge Improvements as part of Bridging the Valley; that it was felt the Pines project would be better as a grade separation already exists at Sullivan; and that we should switch Appleway Trail from Pines to Evergreen, to Sullivan to Corbin. Mr. Worley said we don't know if we will get state funding for the Evergreen to Sullivan so it was suggested leaving that in, and if we find out before the end of April when the applications are due, that it got funded, then we could switch it out, and if it didn't get funding, we would stay with Evergreen to Sullivan, which would give us a complete trail from University to Sullivan Road. Concerning the Argonne Road Bridge over I-90, Mr. Worley said the FHWA (Federal Highway Administration) determined that was a capacity -improvement project and not an air-quality project; said the corridor from Trent to Sprague is all three lanes and said staff tried to explain how much better traffic would flow and thereby reduce congestion and improve air quality, but the FHWA said that it was not eligible under the CMAQ so we have to remove that project. Further, Mr. Worley explained, in trying to Minutes Regular Council Meeting: 03-24-2015 Page 6 of 7 Approved by Council: 04-14-2015 find another project to take its place, he said that corridor is our most congested corridor, so staff is struggling to find another area that has enough congestion to improve the air quality; said he hasn't found it yet but plans to come back in a week or so for another recommendation. Mr. Worley also noted that the Pines Road underpass is a very expensive project. Mr. Worley said that sidewalks were mentioned at the last meeting about why we are not doing more infills; and he said that SRTC is looking for a sidewalk connectivity project so perhaps the Safe Routes to School projects that were submitted in the past might work well for this, specifically Bowdish Road Sidewalk Project, 8th to 12, and 12th to the Elementary School; or as an alternative, perhaps we could look at streets in the areas around the Appleway Trail and try to identify streets that cross the trail, and then provide sidewalk connections from Sprague to 4th where the roads cross the trail. Mr. Worley said the drawback to that idea is those areas are not on the bike/pedestrian master plan, so the score would be reduced; therefore Bowdish might be the best alternative. Deputy Mayor Woodard and Councilmember Wick both stated that perhaps this would be a good opportunity to look at the pedestrian/bike plan. After further discussion, Councilmembers they said felt the Bowdish Sidewalk project is important. It was noted this will likely return to Council in a few weeks. 9. Advance Agenda — Mayor Grafos: There were no suggested changes to the Advance Agenda. INFORMATION ONLY: The (10) Department Monthly Reports; and (11) SRTMC Interlocal Agreement were for information only and were not reported or discussed. CITY MANAGER COMMENTS City Manager Jackson briefly mentioned the Legislative Agenda and said we should know this week about the funding of Appleway Trail from Evergreen to Sullivan; he also stated that perhaps next week staff will give an update on some of the numerous marijuana bills; said our proposal regarding lien authority was increased to include a $5,000 cap but some of the other language was changed which he said could pose a problem as it limits the ability to declare special assessments over $5,000, which means that would limit all other cities as well; said he is working with Lobbyist Briahna Taylor on that issue. Mr. Jackson reminded Council of this Thursday's unveiling of the sculpture of the Dance of the Sun and Moon, which was donated to us from the Spokane Valley Arts Council. EXECUTIVE SESSION: It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn into Executive Session for approximately thirty minutes, and that action will be taken upon return to open session. Council adjourned into Executive Session at 8:06 p.m. At approximately 8:14 p.m., Mayor Grafos declared Council out of Executive Session. It was then moved by Deputy Mayor Woodard, seconded and unanimously agreed to authorize staff, the City Manager, and the rest of the staff to execute necessary documents to settle Cingular vs Spokane Valley in the amount of $20, 077.34 Immediately thereafter, it was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:15 p.m. ATTEST: Dean Grafos, Mayor II�elV .- Christine Bainbridge, City Clerk Minutes Regular Council Meeting: 03-24-2015 Page 7 of 7 Approved by Council: 04-14-2015 GENERAL CITIZEN COMMENTS, GENERAL PUBLIC COMMENT SIGN -IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, March 24, 2015 YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTE Please sign in if you wish to makepublic comments. NAME PLEASE PRINT TOPIC OF CONCERN YOU WILL SPEAK YOUR CITY OF RESIDENCE l ,S-3a\ kA l c\Ie ` I� C% ABOUT l ev-A-- ed p^1 I/'vc4meL431 --C \/ arl i sa l Oa . I -14 -6 3/3,40 cat -4 - iltri-7 Aga/ LA- CAMij ?'o 1J (,. A' T,J(1 N(P -T4-XC-k° / tkiF_ UALc.7 ToL41c6 I c o r_ �.�n, -,o z LikeA / 6Ct 4thr \it __('P{ -1---26-c_602_, . rl.31_Q, (-'ft',°'4'1 U Lowe 4,141 ok 1 Please note that once information is entered on this . form, it becomes a public record subject to public disclosure. SPOKANE VALLEY CITY COUNCIL MEETING March 24, 2015 PUBLIC HEARING SIGN -IN SHEET SUBJECT: Mining Moratorium Please sign below if you would like to speak at the PUBLIC HEARING. PRINT NAME AND ADDRESS FOR THE RECORD. There may be a time limit for your comments. Any documents for Council consideration should be provided to the City Clerk for distribution. NAME 4 PLEASE PRINT Your City of Residence 0 1 11 .-PCtei C) Yl6--,0 ,, JUS(ri _11nn0 CSC4ciCa� Y� k V;PaN I P fl CL24 4 d-CHotC u ( \1 ' VC '11)--')\14)(- /S--i--41,,,/ ad k& ir) ((Alt r ori �J Sin -- t- s 0 C,,,r \I 1) c -\-- Please note that once information is entered on this form, it becomes a public record subject to public disclosure. Transportation Revenue Package Testimony The City of Spokane Valley requests legislative action to address the need for increased transportation funding in the 2015 Legislative Session, including direct funding for local transportation needs. We all recognize that quality transportation infrastructure is an important aspect of economic development. Yet, local revenues simply cannot support the high cost of bridge and road construction projects. The City of Spokane Valley is supportive of the legislature's consideration of the transportation revenue package that includes Barker Road overpass. The Barker/State Route 290 (Trent) overpass would open up 500 acres of industrial property for development with a potential economic output of $2 Billion creating up to 9,800 new jobs in the state. Recognizing that state, county and city government in Washington all face the immense financial challenge of maintaining our transportation infrastructure, we support statewide measures to fund essential projects. The City of Spokane Valley is maximizing their local support for the Barker Overpass and we have committed a $2.9 million City match for this critical project. We are deeply appreciative of the past and present funding support from the State of Washington transportation programs and we offer our support as you consider transportation funding options to address statewide needs. Serving the world one child and one community at a time. Division 46 Spokane Fair & Expo Center - Ag "C" 404 N Havana Spokane Valley, WA Each child, 3-16 years of age, attending will receive a free white bike / recreational safety helmet that they can custom decorate at the event! Helmets will be properly fitted to each child too! Quantities are limited so first come first served. Please spread the word and come join us at this FUN event for the family. For more info call 953-8696 or email: newbie?@aol.com Spokan � jUalley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org Memorandum To: Mayor and Councilmembers cc: Mike Jackson, City Manager; Cary Driskell, City Attorney; Erik Lamb, Deputy City Attorney From: Chris Bainbridge, City Clerk Date: March 26, 2015 Re: Mining Moratorium The attached materials are those that were handed to me by Spokane County Planning Director John Peterson. Although Councilmembers each received a copy of the letter at the Council meeting, I don't believe the attached seven pages from the County's Zoning Code were included (Chapter 14.620 Mineral Lands). 6til_3 S P O K A N E t1 C O U N T Y OFFICE OF COUNT' Cal LIIISSIO;\LRS TODD MIELKE, 1ST DISTRICT • SHELLY O'QUINN, 2ND DISTRICT • AL FRENCI I, 3RD DISTRICT March 24, 2015 Mayor Dean Grafos Deputy Mayor Arne Woodard Councilman Rod Higgins Councilman Ed Pace Councilman Chuck Hafner Councilman Ben Wick Councilman Bill Bates City of Spokane Valley 11707 E. Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 VIA ELECTRONIC MAIL mayor councilmembers(aspokanevalley.org RE: City of Spokane Valley Moratorium adopted under Ordinance No. 15-005 Dear Mayor Grafos and Council members: The City of Spokane Valley Council will be considering public testimony on Ordinance No. 15-005 on March 24, 2015, as required under RCW 35A.63.220 and RCW 36.70A.390. The purpose of this correspondence is to share with you certain issues and concerns which Spokane County has regarding Ordinance No. 15-005 as well as to encourage the Council to consider revision or repeal of said Ordinance. As you are aware, and by way of background, entities planning under the Growth Management Act have certain obligations when updating or revising their Comprehensive Plans and/or development regulations. The City of Spokane Valley is currently in the early stages of a periodic update of its Comprehensive Plan and as such is subject to these obligations. With respect to mineral resources which are the subject of Ordinance No. 15-0004, several provisions of the Growth Management Act must be followed. They include the following: • RCW 36.70A.170 Natural resource lands and critical areas—Designations. (1) On or before September 1, 1991, each county, and city shall designate, where appropriate: (c) mineral resources that are not already characterized by urban growth and that have long-term significance for the extraction of minerals..." • RCW 36.70A.050 Guidelines to classify agriculture, forest, and mineral lands and critical areas. 1 1 16 WEST BROADWAY AVENUE • SPOKANE, WASHINGTON 99260-0100 • (509) 477-2265 March 24, 2015 Page 2 (1) Subject to the definitions provided in RW 36.70A.030, the department shall adopt guidelines, under chapter 34.05 RCW...to guide the classification of: (a) Agricultural lands; (b) forest lands; (c) mineral resource lands; and (d) critical areas. The department shall consult with the dep.! tment of agriculture regarding guidelines for agricultural lands, the department of natural resources regarding forest lands and mineral lands, and the department of ecology regarding critical areas.... • RCW 36.70A.060 Natural resource lands and critical areas—Development regulations. (1) (a) ...each city within such county, shall adopt development regulations ...such regulations shall ensure that the use of lands adjacent to agriculture, forest, or mineral lands shall not interfere with continued use of the designated land for the production of food, timber or for the extraction of minerals. A review of the current City of Spokane Valley Comprehensive Plan and Municipal Code confirms that the City of Spokane Valley has not identified or designated resource lands or mineral lands as mandated under the Growth Management Act nor has it adopted development regulations applicable to resource lands including mineral lands. Most counties and cities subject to the Growth Management Act have adopted development regulations protecting mineral lands which at the same time address environmental issues in conjunction with mining activities. We bring the above facts to your attention as information to consider in the periodic update of your Comprehensive Plan and development regulations and to provide you with additional options to consider in taking action on the moratorium adopted in Ordinance No. 15-005 or repealing said Ordinance and replacing it with an Interim Zoning Ordinance that provides a regulatory framework to address the impacts of mineral extraction and associated processing. According to Figure 2.1 of the City of Spokane Valley Comprehensive Plan, 20% of the City of Spokane Valley land is designated as Heavy or Light Industrial. The premise of the moratorium under Ordinance No. 15-005 is that existing gravel mining operations are utilizing significant acreage that results in large open pits when mining is complete and the associated impacts are usually irreversible. With a significant portion of the City of Spokane Valley designated as Heavy or Light Industrial there appears to be an adequate supply of land available for industrial use. Moreover, any impacts of mining may be mitigated by adoption of detailed regulations to address reclamation and other site specific impacts. As a result of the substantial amount of land designated as Heavy or Light Industrial, the City has not demonstrated or documented the amount of these lands being utilized or converted for mineral extraction/processing or the need for the moratorium as the City has not received or accepted any current applications for mining activity. To address the perceived conversion of industrial lands to mining and processing activities and to provide a specific regulatory framework to mitigate the impacts of mineral extraction and processing, we would strongly advise repeal of the present moratorium and adoption on an Interim Zoning Ordinance that includes performance standards for mineral extraction, processing, site reclamation, setbacks, etc. This would address the basis for the enactment of the Ordinance. For example, adoption of Chapter 14.620 (Mineral Lands) of the Spokane County Zoning Code as an Interim Zoning Ordinance will ensure continued use and development of natural resource lands that do not detrimentally impact the March 24, 2015 Page 3 environment or surrounding land uses. Adoption of Chapter 14.620 will also afford greater protection to the environment, preclude penetration of the Spokane Valley Rathdrum Prairie aquifer, ensure site reclamation consistent with chapter 78.44 RCW as administered by the Department of Natural Resources, and serve as a means to protect the rights of current property owners until the City completes an update of its Comprehensive plan and development regulations consistent with the mandates of the Growth Management Act. In summary, we believe that the current moratorium provided for under Ordinance 15-005 will have the unintended immediate consequence of precluding mineral extraction on Spokane County owned property in the City of Spokane Valley which includes mineral resources having a life value of approximately $5,000,000. It will also significantly increase the cost of materials for future road maintenance and construction impacting the citizens of Spokane County to include the City of Spokane Valley. Finally, it will impact the County's incentive to partnership with the City to extend public sewer in the Tshirley road area. The Board of County Commissioners respectfully requests that the City Council carefully consider the above observations and: (1) Repeal Ordinance No. 15-005, or (2) Repeal Ordinance No. 15-005 and in its place adopt as interim development regulation chapter 14.620 of the Spokane County Code. Very truly yours, TODD MIELKE, Chair 2014 Printing Chapter 14.620 Mineral Lands 14.620.100 Purpose and Intent The Mineral Lands zone is provided to allow for the quarrying, blasting, reduction, processing and mining of minerals or materials in urban, industrial, rural, and resource areas. The Mineral Lands (M) zone is intended to ensure continued development of natural resources through inclusion of deposits of minerals and materials within this zone reserved for their development and production, to assure that the best undeveloped mineral and material resources will not be lost forever by developing of the land for other purposes, to allow for the necessary processing to convert such minerals and materials to marketable products, and to assure that mining activities do not detrimentally impact the environment or surrounding land uses. 14.620.200 Types of Uses The uses for Mineral Lands shall be as permitted in table 620-1, Mineral Lands Matrix. Accessory uses and structures ordinarily associated with a permitted use shall be allowed. Multiple uses are allowed per lot. Additional use restrictions may apply pursuant to the Critical Areas Ordinance as amended, chapter 11.20 of the Spokane County Code. The uses are categorized as follows: 1. Permitted Uses: Permitted uses are designated in table 620-1 with the letter "P". These uses are allowed if they comply with the development standards of the zone. 2. Limited Uses: Limited uses are designated in table 620-1 with the letter "L". These uses are allowed if they comply with the development standards of the zone and specific performance standards in section 14.620.220. 3. Conditional Uses: Conditional uses are designated in table 620-1 with the letters "CU". These uses require a public hearing and approval of a conditional use permit as set forth in chapter 14.404, Conditional Use Permits. Some of the conditional uses illustrated in table 620-1 are also subject to specific standards and criteria as required in this chapter under section 14.620.230. 4. Not Permitted: Uses that are not permitted are designated in table 620-1 with the letter "N". 5. Essential Public Facilities (EPF): Facilities that may have statewide or regional/countywide significance are designated in table 620-1 with the letters "EPF". These uses shall be evaluated to determine applicability with the "Essential Public Facility Siting Process", as amended. 6. Use Determinations: It is recognized that all possible uses and variations of uses cannot be reasonably listed in a use matrix. The Director may classify uses not specifically addressed in the matrix consistent with section 14.604.300. Classifications shall be consistent with Comprehensive Plan policies. 7. Prohibited Uses: Uses not specifically authorized on mineral lands are prohibited, including, but not limited to the following. a. Commercial uses b. Residential uses c. Any use not specifically listed and permitted in this section. Spokane County Page 620 -1 Zoning Code Mineral Lands Chapter 14.620 2014 Printing 14.620.210 Mineral Lands Zone Matrix Table 620-1, Mineral Lands Matrix Uses Mineral Lands Adult entertainment establishment N Adult retail use establishment N Commercial composting storage/processing CU Caretakers residence L Forestry P General agriculture/grazing/crops, not elsewhere classified P Hazardous waste treatment and storage facilities, on-site L Landfill CU Landfill, inert waste disposal facility CU Public utility transmission facility (EPF) L Quarying, blasting and mining L Reduction and processing of minerals L Sewage sludge land application CU Solid waste recycling/transfer site (EPF) L Stormwater treatment/disposal P Tower L Wireless communication antenna array L Wireless communication support tower CU 14.620.220 Uses with Specific Standards Uses that are categorized with an "L" in table 1, Mineral Lands Matrix, are subject to the corresponding standards of this section. 1. Caretakers residence A caretakers residence may include a dwelling that is used and required by mining or quarrying operations for continuous supervision by a caretaker or superintendent and his immediate family. 2. Hazardous Waste Treatment and Storage Facilities, on-site. a. On-site hazardous waste treatment and storage facilities shall comply with and be subject to the State's siting criteria adopted pursuant to section 70.105.210 RCW, as administered by the Washington State Department of Ecology or any successor agency. b. The hazardous waste treatment and storage facilities shall be limited to wastes produced or used on the site. 3. Public utility transmission facility. a. The utility company shall secure the necessary property or right-of-way to assure for the proper construction, maintenance, and general safety of properties adjoining the public utility transmission facility. b. All support structures for electrical transmission lines shall have their means of access located a minimum of 12 feet above the ground. c. The height of the structure above ground shall not exceed 125 feet. 4. Quarrying, blasting and mining Quarrying, blasting and mining of minerals or materials, including but not limited to, sand and gravel rock, and clay. Spokane County Page 620 -2 Zoning Code Mineral Lands Chapter 14.620 r 2014 Printing 5. Reduction and processing of minerals The primary reduction and processing of minerals or materials including, but not limited to, concrete batching, asphalt mixing, brick, tile, and concrete products manufacturing plants, and rock crushers and the use of accessory minerals and materials from other sources necessary to convert the minerals or materials to marketable products. 6. Solid waste recycling/transfer site a. The minimum lot area is 2 acres. b. Adequate ingress and egress to and on the site for trucks and/or trailer vehicles shall be provided. c. A paved access route on-site shall be provided. d. The site will either be landscaped (bermed with landscaping to preclude viewing from adjacent properties) and/or fenced with a sight -obscuring fence as determined by the Planning Director. 7. Tower. a. The tower shall be enclosed by a 6 -foot fence with a locking gate. b. The tower shall have a locking trap door or the climbing apparatus shall stop 12 feet short of the ground. c. The tower collapse or blade impact area, as designed and certified by a registered engineer, shall lie completely within the applicant's property or within adjacent property for which the applicant has secured and filed an easement. Such easement(s) shall be recorded with the County Auditor with a statement that only the Division of Building and Planning or its successor agency can remove the easement. d. Before the issuance of a building permit, the applicant shall demonstrate that all applicable requirements of the Federal Communications Commission, Federal Aviation Administration and any required avigation easements can be satisfied. 8. Wireless communication antenna array. a. The use complies with the requirements of chapter 14.822, Wireless Communication Facilities. 14.620.230 Conditional Uses with Specific Standards and Criteria Conditional uses are listed in table 620-1 with the letters "CU". Conditional uses require an approved conditional use permit as set forth in chapter 14.404, Conditional Use Permits. Some of the conditional uses identified in table 620-1 are subject to the corresponding specific standards as follows: 1. Commercial composting storage/processing. a. The use shall be subject to restrictions and conditions, as may be imposed by the Hearing Examiner under chapter 14.404. 2. Landfill. a. The minimum lot area is 10 acres. b. The minimum distance for disposal operations from existing residences shall be 300 feet. This distance may be reduced provided the adjacent resident provides a signed waiver agreeing to the reduction of the minimum distance. c. The applicant shall submit for approval a site reclamation plan and the site shall be rehabilitated consistent with the plan after disposal terminates. d. The conditional use permit may be revoked by the Hearing Examiner if the landfill operation is found in violation of any local, state or federal regulation related to the landfill operation. e. The use shall be subject to restrictions and conditions, as may be imposed by the Hearing Examiner under chapter 14.404. Spokane County Page 620 -3 Zoning Code Mineral Lands Chapter 14.620 2014 Printing 3. Landfill — Inert Waste Disposal Facility a. The minimum lot area is 10 acres. b. The minimum distance of disposal operations shall be 300 feet from existing residences. This distance may be reduced provided the adjacent property owner signs a waiver agreeing to the reduction in the minimum distance. c. The applicant shall submit for approval a site reclamation plan and the site shall be rehabilitated consistent with the plan consistent after disposal terminates. d. Compliance with the standards of the Spokane Regional Health District and the state criteria for inert landfills adopted pursuant to WAC 173-350-410. e. The use shall be subject to restrictions and conditions, as may be imposed by the Hearing Examiner under chapter 14.404. f. The conditional use permit may be revoked by the Hearing Examiner if the operation is found in violation of any local, state or federal regulation related to the inert landfill operation. 4. Sewage sludge land application (for agricultural, beneficial purposes). a. The minimum lot area for application is 5 acres. b. The minimum distance from any application area to the nearest existing residence, other than the owner's, shall be 200 feet. c. The use shall be subject to restrictions and conditions, as may be imposed by the Hearing Examiner under chapter 14.404. 5. Wireless communication support tower, provided that: a. The tower complies with the requirements of chapter 14.822, Wireless Communication Facilities. b. The use shall be subject to restrictions and conditions, as may be imposed by the Hearing Examiner under chapter 14.404. 14.620.240 Mining Operations Conditions for the approval of a proposed mining operation include but are not necessarily limited to the following: 1. The extraction proposal meets all applicable zoning requirements. 2. The proposed extraction operation is buffered from existing or potential developments within the vicinity of the proposed operation. 3. An applicant shall prepare and provide an acceptable reclamation plan to the Washington State Department of Natural Resources (DNR) prior to obtaining a reclamation permit. The plan shall be prepared with the standards set forth in RCW 78.44. DNR shall have the sole authority to approve reclamation plans. 4. After July 1, 1993, no miner or permit holder may engage in surface mining without having first obtained a reclamation permit from DNR. The permit holder shall comply with the provisions of the reclamation permit unless waived and explained in writing by DNR. 5. Provide for protection of groundwater and surface water, including wetlands, during and after operation. 6. Mining shall not be allowed to penetrate the elevation 20 feet above the highest known elevation of an aquifer within the Spokane Valley-Rathdrum Prairie Aquifer area. 7. The monitoring and clean up of contaminants should be ongoing. 8. A sand and gravel permit shall be obtained, when applicable, from the Washington State Department of Ecology. 9. A sufficient amount of topsoil or suitable material shall be retained on-site for revegetation/rehabilitation purposes. 10. The operators shall comply with all existing water quality monitoring regulations of the Washington State Department of Ecology and the Spokane County Health District. Spokane County Page 620 -4 Zoning Code Mineral Lands Chapter 14.620 2014 Printing 14.620.250 Environment 1. Sound pressure levels, as measured on properties adjacent to Mineral Lands property, shall conform to the provisions of Washington Administrative Code (WAC) Section 173-60-040 Maximum Permissible Environmental Noise Levels for noise originating in a Class C EDNA. 2. Provisions of Spokane County Air Pollution Control Authority (SCAPCA) shall be adhered to in the development of Mineral Lands property. Specifically reference SCAPCA Regulation 1, Section 6.04 Odors and Nuisances; Section 6.05, Particulate Matter and Preventing Particulate Matter from Becoming Airborne; and Section 6.06, Emission of Air Contaminants or Water Vapor, Detriment to Persons or Property. 14.620.260 Reclamation Standards In order to ensure a further use of land used for mining subsequent to the removal of native materials, the following provisions covering land rehabilitation or reclamation shall be conformed to. 1. Mined excavations must be reclaimed consistent with the reclamation plan submitted and approved by DNR under the provisions of RCW 78.44. Reclamation shall proceed simultaneously with surface mining and upon the permanent abandonment of the quarrying, mining or processing operation. 2. Upon the exhaustion of minerals or materials or upon the permanent abandonment of the quarrying, mining or processing operation, all buildings, structures, apparatus or appurtenances accessory to the quarrying or mining operation shall be removed or otherwise dismantled. All demolition must be consistent with chapter 3 of the County Code. A maintenance building may be permitted to remain or be constructed on sites used for storage of road maintenance materials. 3. The legal owner or his agents shall provide the Division with copies of the following documents prior to development or use of the property. a. Permits/approved reclamation plans filed with the Department of Natural Resources. b. Bonds as required by the Department of Natural Resources. 14.620.270 Standards for Mining Within the Spokane Vallev-Rathdrum Prairie Aquifer Area In addition to those provisions listed in sections 14.620.220 through 14.620.260 the following provisions shall apply. 1. Excavation into the aquifer is prohibited within the Spokane Valley-Rathdrum Prairie Aquifer area as determined by the Division of Utilities. A minimum of 10 feet of undisturbed material shall remain above the highest known level of the aquifer. If excavation into any aquifer outside this area is allowed, the operator shall stockpile a sufficient quantity of fill material to backfill a minimum of 10 feet above the highest known aquifer elevation. 2. The owners of small surface mining sites (as defined in RCW 78.44), in areas of high aquifer susceptibility, shall obtain the required grading permits from Spokane County. 3. A drainage channel shall be constructed around the active gravel pit area to keep surface runoff from outside the pit excavation from entering the pit area. 4. Fuel storage areas and service facilities shall incorporate provisions to prevent lubricants and petroleum products from contaminating either the pit area or drainage channels. 5. No liquid, asphalt, cement, or water used in mixing and truck washing operations shall be disposed of in the bottom of the pit. 6. A protective 8 -foot -high berm or retaining wall shall be required adjacent to property lines where the edge of the pit is within 100 feet of a street or railroad right-of-way. 7. The use of fertilizers, pesticides, herbicides, and critical materials shall not be allowed within 100 feet of an active pit. Spokane County Page 620 -5 Zoning Code Mineral Lands Chapter 14.620 2014 Printing 14.620.280 Pit Reclamation and Allowable Land Uses In addition to those standards listed in sections 14.620.220 through 14.620.270 the following standards shall apply. 1. Reclamation plans for mining sites shall include: a. The depth of remaining materials between the aquifer high-water mark and the final grade of the reclaimed site, for surface mining sites inside the Spokane Valley-Rathdrum Prairie Aquifer area. b. The depth of remaining or backfilled materials between the aquifer high-water mark and the final grade of the reclaimed site, for surface mining sites outside the Spokane Valley- Rathdrum Prairie Aquifer area. c. Physical barriers, as required in section 14.620.270 shall remain. d. Provisions shall be made for limitation of access to, and activities within, the rehabilitated site until the use of the land is changed. 2. Subsequent land uses in reclaimed gravel pits within Spokane County may be limited or specifically conditioned. 14.620.290 Development Standards Prior to the issuance of a building permit, evidence of compliance with provisions of this Section shall be provided. 1. Lot Standards: Lot standards are illustrated in table 620-2 as follows: Table 620-2 — Lot Standards for Mineral Lands a. There is no minimum frontage for permitted uses on Mineral Lands, but all required access permits shall be obtained from the County Engineer prior to use of the site. b. Provided that such mining or quarrying does not impair lateral or subjacent support or cause earth movements or erosions to extend beyond the exterior boundary lines of the mining zoned property. c. If a mining or quarry operation is located adjacent to another mining or quarry operation, the mining or quarry operation shall be permitted up to the property line. 2. Parking, Signage, and Landscaping Standards: Parking, signage and landscaping standards shall be as provided in chapter 14.802, Off Street Parking and Loading Standards; chapter 14.804, Signage Standards; and chapter 14.806, Landscaping and Screening Standards. 3. Storage Standards a. The storage of materials and equipment normally associated with farm and agricultural activities is permitted. b. All storage (including storage of recyclable materials) on lots not qualifying as a primary agricultural parcel shall be entirely within a building, or shall be screened from view from the surrounding properties, and shall be accessory to the permitted use on the site. There shall be no storage in any of the front yard or flanking street yards. c. The private, noncommercial storage of 2 junked vehicles shall be allowed, provided they are completely sight -screened year-round from a non -elevated view with a fence, maintained Type Spokane County Page 620 -6 Zoning Code Mineral Lands Chapter 14.620 Permitted uses Minimum lot area 5 Acres Minimum frontage No Requirement (a) Minimum yards For Mining/Quarrying 50 feet — To property lines (b) (c) For Structures/Buildings 100 feet — From residential zone 50 feet — To property line(s) a. There is no minimum frontage for permitted uses on Mineral Lands, but all required access permits shall be obtained from the County Engineer prior to use of the site. b. Provided that such mining or quarrying does not impair lateral or subjacent support or cause earth movements or erosions to extend beyond the exterior boundary lines of the mining zoned property. c. If a mining or quarry operation is located adjacent to another mining or quarry operation, the mining or quarry operation shall be permitted up to the property line. 2. Parking, Signage, and Landscaping Standards: Parking, signage and landscaping standards shall be as provided in chapter 14.802, Off Street Parking and Loading Standards; chapter 14.804, Signage Standards; and chapter 14.806, Landscaping and Screening Standards. 3. Storage Standards a. The storage of materials and equipment normally associated with farm and agricultural activities is permitted. b. All storage (including storage of recyclable materials) on lots not qualifying as a primary agricultural parcel shall be entirely within a building, or shall be screened from view from the surrounding properties, and shall be accessory to the permitted use on the site. There shall be no storage in any of the front yard or flanking street yards. c. The private, noncommercial storage of 2 junked vehicles shall be allowed, provided they are completely sight -screened year-round from a non -elevated view with a fence, maintained Type Spokane County Page 620 -6 Zoning Code Mineral Lands Chapter 14.620 2014 Printing I or II landscaped area or maintained landscaped berm. Storage of additional junked vehicles shall be within a completely enclosed building with solid walls and doors. Tarps shall not be used to store or screen junked vehicles. Vehicle remnants or parts must be stored inside a vehicle or completely enclosed building, including doors. Fences over 6 feet in height require a building permit and/or a zoning variance. 4. Fencing Six-foot fencing shall be provided and maintained in good condition at all times in the following locations. a. Exterior boundary of any portion of any site on which active operations exist. b. Exterior boundary of any portion of the site which has been mined and not yet rehabilitated. 14.620.300 Resource Activity Notification All subdivisions, short plats, binding site plans, zone reclassifications, manufactured home park site plan approvals, variances, conditional use permits, shoreline permits and building permits issued or approved for land on or within 1,000 feet of lands designated as natural resource land (agricultural, forest or mineral lands), pursuant to RCW Chapter 36.70A.170, shall contain or be accompanied by a notice. The Public Works Department shall maintain maps of designated natural resource lands. The notice shall include the following disclosure: "The subject property is adjacent or in close proximity to designated agricultural, forest or mineral resource land on which a variety of commercial activities may occur that are not compatible with residential development. Potential disturbances or inconveniences may occur 24 hours per day and include but are not limited to: noise, odors, fumes, dust, smoke, insects, operation of machinery including aircraft, application of pesticides, herbicides, fertilizers and removal of vegetation. Agricultural and forestry -related activities which are performed in accordance with local, state and federal laws shall not be subject to legal action as a public nuisance." In the case of plats, short plats and binding site plans, notice shall also be included in the plat or binding site plan dedication Spokane County Page 620 -7 Zoning Code Mineral Lands Chapter 14.620 Spokan' e�'+ .11.0"*valley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 • cityhall@spokanevalley.org Memorandum To: Mayor and Councilmembers cc: Mike Jackson, City Manager; Cary Driskell, City Attorney; Erik Lamb, Deputy City Attorney From: Chris Bainbridge, City Clerk /\I,` ;//>) Date: March 26, 2015 Re: Mining Moratorium The attached materials are those that were handed to me by Stacy Bjordahl, of Parsons/Burnett/ Bjordahl/Hume regarding Council's March 24, 2015 Public Hearing on the Mining Moratorium. PARSONS/BURNETT/BJORDAHL/HUME.LP Stacy A. Bjordahl sbjordahl@pblaw.biz ATTORNEYS March 24, 2015 City Council City of Spokane Valley 11707 E. Sprague Ave, Suite 106 Spokane Valley, WA 99206 Re: Emergency Moratorium on Mining and Mineral Product Manufacturing Ordinance No. 15-005 Dear Councilmembers: Thank you for the opportunity to comment on the City's adoption of an Emergency Moratorium prohibiting Mining and Mineral Product Manufacturing (Moratorium). This letter is submitted on behalf of CPM Development Corp. (CPM), which through its related entities owns and operates four mining sites in the City of Spokane Valley.1 For the reasons discussed herein, we request that the Moratorium either be repealed or, in the alternative, be amended to ensure continued uninterrupted operations on each site. First, we have concerns regarding the Moratorium and its impact upon each of the CPM sites for various reasons, as well as an overall concern that the City's adoption of an "anti - mining" ordinance is in direct violation of the Growth Management Act's mandate that cities and counties designate, preserve, and protect natural resource lands, including mineral lands. Second, the City does not have a shortage of industrial land. A moratorium is a drastic measure and does not appear justified given that the City has an abundance of industrial land supply. The City's Land Quantity Analysis prepared in September 2010 for the UGA Update concluded, "[e]ssentially, the City has four times the industrial land needed in tier one industrial properties alone. In conclusion, the City of Spokane Valley has an adequate supply of industrial land for the next 20 years." See Exhibit "A" (Land Quantity Analysis for the City of Spokane Valley, September 2010.) We respectfully request the City Council to repeal the Moratorium because there is no shortage of industrial land or demonstrated need to preserve industrial lands pending the City's Comprehensive Plan update. 1 These entities are: Central Pre -Mix, Inland Asphalt and Acme. 505 W. Riverside Ave, Suite 500, Spokane WA 99201 • T (509) 252-5066 • F (509) 252-5067 • www.pblaw.biz A Limited Liability Partnership with offices es Spokane and Bellevue City of Spokane Valley City Council March 24, 2015 Page 2 Finally, the Moratorium may impact CPM's non -conforming rights. As noted in Exhibit B, CPM has two sites, Sullivan and Park, which are both zoned Heavy Industrial and thus, appear to be conforming sites. The other two sites, Carnahan and 8th and Havana, are both zoned residential which does not allow mining; therefore, both of those sites are non- conforming under Chapter 19.20 of the Spokane Valley Municipal Code (SVMC). As the holder of legal non -conforming use rights, CPM has the right to continue and conduct mining and mining related activities pursuant to Section 19.20.060 (B) of the SVMC, which provides in pertinent part: B. Continuing Lawful Use of Property. 1. The lawful use of land at the time of passage of this code, or any amendments thereto, may be continued, unless the use is discontinued or abandoned for a period of 12 consecutive months. The right to continue the nonconforming use shall inure to all successive interests in the property. While it appears the Moratorium is not intended to affect mining and mining operations "that were in existence and in continuous and lawful operation as the effective date" of the Moratorium, there is conflicting language between Sections 2(A) and 2(C). Specifically, Section 2(A) of the Moratorium expressly prohibits the City from processing a modification or approval to an existing permit or license without regard to the permitting agency, and yet Section 2 (C) states that the Moratorium does not affect mining and mining operations that were in effect prior to the effective date of the ordinance. In the case of each CPM site, the Department of Natural Resources (DNR) may require changes to the Reclamation Plan which will require the City's Planning Department to sign DNR Form SM -6. It is our opinion that Form SM -6 would likely constitute either a permit or license under Section 2(A) of the Moratorium and as such, could not be signed by the Planning Department as long as the Moratorium is in effect. If the City is unable to sign Form SM -6, this could potentially cause a site to fall out of compliance with Washington State Surface Mining rules. Based upon the above and the stated purpose and intent of the Moratorium not to impact vested or non -conforming rights, we respectfully request the following amendments be made to Section 2 of the Moratorium. Requested Amendments to the Moratorium. A. The City Council hereby declares an emergency and imposes a moratorium upon the striamissien, acceptance, process" • :, •• . - - - • - - - • of any permit applications or licenses by or for new mining and/or related mining site City of Spokane Valley City Council March 24, 2015 Page 3 operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching. B. [No proposed changes.] C. The moratorium shall not affect any mining or mining site operations, including excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching, that were in existence and in continuous and lawful operations as of the effective date of this Ordinance. Provided further. this moratorium shall not preclude the acceptance, processing and approval of permits or licenses required to maintain and operate any mining or mining site operations in existence and in continuous and lawful operation as of the effective date of this Ordinance. Again, we appreciate the opportunity to comment and respectfully request that the Moratorium either be repealed or, in the alternative, be amended so that existing mining operations are not adversely impacted or interrupted. If you have any questions regarding this matter, please contact me. Thank you for your courtesies. Sincerely, PARSONS/BURNETT/BJORDAHL/HU E, LLP Stacy A. Bj Encl. EXHIBIT "A" City of 4>okane Valley Urban Growth Area Update Land Quantity Analysis for The City of Dokane Valley September 2010 RB3DENT1AL LAND QUANT1TYANALYSS The City of Spokane Valley is responsible for developing its own Land Quantity Analysis (LQA) report to determine the amount of land available within existing urban areas to support residential and non-residential growth. The Steering Committee of Bected Officialswill use this quantitative information to make a recommendation to the Board of County Commissioners. County -wide Planning Policies direct jurisdictions to utilize the LOA methodology developed by the Washington Sate Department of Community Trade and Economic Development and from the guidebook, " Issues in Designating Urban Growth Areas". The Steering Committee of Bected Officials adopted this methodology on November 3, 1995. 'Misreport analyzes land quantity using the most current data. The analysis incorporates an aerial photography review to verify the accuracy of various sources of land use data. Below is a summary of the City of Spokane Valley's application of the adopted methodology: Step 1 Identify land that can accommodate future growth. In determining residential land quantity, these Iandsfall under three categories: Preliminary and final plats Ratted lots that have not been built on are considered as available and calculated at one dwelling unit per lot. Vacant land Vacant lands are any lot or parcel that does not contain a structure or building, as determined from the Assessor's records. Partially used land Partially used land island that containsexdsting residential development but is large enough to be further subdivided based on the current zoning dassification. Partially used residential land indudes properties that can be subdivided into five (5) or more lots, consistent with the current zoning classification. Step 2 Subtract all parcels that your community defines as not developable due to physical limitation. In most cases throughout Spokane Valley, land can be developed with mitigating measures. While recognizing that most land has development potential, certain properties have physical and/or regulatory constraints, such aswetlands, steep slopes, or regulated shorelines. Some properties may never develop or may develop at densities less than allowed by zoning. City of Spokane Valley Therefore, lands containing physical limitations are not induded in the residential land supply. These indude the following critical areas deduct ions: Critical areas deduction Wetlands Identified wetlands and an associated 100 foot buffer area are subtracted from land inventory. Rsh and Wildlife Geologically Hazardous Streams and associated riparian area buffers are subtracted from the land inventory. Certain geologic units and slopes over 30% are deducted from available land inventory. The geologic units indude alluvium, mass wasting deposits and the Latah formation. The above deductions amount to a 9.6 %reduction of available land supply. Sep 3 Subtract lands that will be needed for other public purposes. Land needed for public purposes is addressed in two different ways. In the first case, land that is necessary for new infrastructure, primarily for road right-of-way, is subtracted from the acreage figures generated in Sep 1. A 20% reduction is taken from residential land initially identified as vacant or partially -used for these purposes. In the second instance, the Spokane County Assessor's property Bass codes and exemptions are used to identify lands that may appear to be vacant but, in reality, are not available for residential development. These situations involve both public and private properties owned by entities such as utility companies, school districts, or parks departments. Table 6 illustrates the Assessor property use codes and exemptionsthat are deducted from the vacant land supply. Table 6 - Assessor Exemption Property Use Codes 41 Trans— Railroad 42 Trans— Motor 43 Trans—Aircraft 44 Trans— Marine 45 Trans— Highway 46 Trans— Parking 47 Communication 48 Utilities 49 Trans—Other City of Spokane Valley 67 Service — Governmental 68 Service — Educational 71 Cultural Activity 72 PublicAssembly 73 Amusement 74 Recreational 75 Rasort- Camping State Levy Exempt Public Schools Exempt 76 Park 77 Churches 79 Other Cultural Cemetery Exempt DoRInstitut Iona! Exempt Government Property Exempt Operating Property Exempt Step 4 Subtract all parcelswhich your community determines are not suitable for development for soda) and economic reasons. Deduction for parcelswith low improvement value Parcels appraised at Iessthan $500 land value per Assessor's code are removed from the available land supply. Deduction for parcelswith high improvement value Sngle family residential parcels that have an improvement value greater than 3 times the lot area are considered unlikely to redevelop and are excluded from available land supply. Step 5 Subtract .. that percentage of land...which you assume will not be available for development within your plan's20 year time -frame. In the adopted Land Quantity Analysis Methodology for Spokane County, a technical committee of elected officials and technical experts determined that a build -out factor of 70%was an acceptable average countywide, also referred to as a "market factor" . Therefore, the City of Spokane Valley assumes that approximately 30%of the total land identified will not be available for development during the 20 -year planning horizon. Step 6 Build a safety factor Building a safety factor is considered a local methodology option to be used if a jurisdiction is not able to monitor land supply and consumption on a regular basis. The City of Sookane Valley has not employed a safety factor in past studies due to GScapabilities enabling effective monitoring. Additionally, an amendment to the Countywide Planning Policies in 2008 established a strategy for monitoring population growth and mandating land quantity and population capacity studieswhen certain growth triggers are met. This strategy is intended to ensure that adequate land supply will be monitored and maintained throughout the planning horizon. Step 7 Determine total capacity. Assumptions Residential zones Low Density: Medium Density: High Density: Available vacant land is calculated at a density of 4 dwelling units per acre Available vacant land is calculated at a density of 11 dwelling units per acre Available vacant land is calculated at a density of 22 dwelling units per acre City of Spokane Valley Mixed use, commercial and industrial zones Mixed Use: Within the Mixed Use zone, 25%of available vacant land is counted for residential use at a density of 17 units per acre. Light Industrial: No residential use within Light Industrial zones. Heavy Industrial: No residential use in heavy industrial zones. Commercial: No residential use in commercial zones. Population per dwelling unit Low density residential units are assigned a value of 2.5 residents per household. Medium density residential units are assigned a value of 2.0 residents per household. High density residential units are assigned a value of 2.0 residents per household. Mixed use residential units are assigned a value of 1.5 residents per household. Aerial Photography Review Afinal step in the analysis induded a review of recent aerial photography to compare the results of the GSanalysis to the existing landscape and identify any major errors or anomalies. The review identified a number of anomalies relating to land determined to be vacant using the Assessor's property use codes. The LQAwas modified to exdude the identified areas from lands available for development. 2010 Population Capacity Table 7 illustrates the 2010 population capacity for the Qty of qookane Valley using the adopted land quantity methodology and assumptions as described in this report. Qty of qookane Valley Vacant and Partially Used Land Net Developable Acres Potential New Dwelling Units Pbpuiation Capacity Qty of qookane Valley 3,485.43 1,448.72 7,763.84 17,337.49 Asscssor Errors -46.42 -16.71 -109.69 -239.33 Adjusted Total 3,439.01 1,432.01 7,654.15 17,098.16 Qty of qookane Valley COM M BRGAL LAND QUANTITY ANALYSIS On March 15, 1996, the Growth Management peering Committee adopted a methodology for determining commercial land demand. The following is a summary of the City of Spokane Valley's commercial land analysis using the adopted methodology. The formula does not take into account current commercial vacancy rates and current developed commercial property that is currently under-utilized. The first step in determining the commercial land demand is to identify a growth factor. The growth factor is calculated by taking the City of Spokane Valley's official population allocation adopted by the Board of County Commissioners (BoCq and dividing it by the current population determined by the Office of Financial Management (OFM). The growth factor is then calculated by the Qty of Spokane Valley's commercial acres currently in use. Table 8 illustratesthe Assessor property use codes used to identify commercial acres in use. Table 8 —Assessor Commercial Property Use Codes Code Description 16 Hotels and Motels 17 Lodging and daycare 46 Automobile parking 52 Building materials, lumber yard, nursery, florist, and farm equipment 53 Shopping centers 54 Grocery stores, convenient stores, and auto body repair 55 Automobile sales and service 56 Apparel, photography, and Laundromats 57 Furniture and equipment 58 Restaurants, fast food, and taverns 59 Miscellaneous retail trade 61 Financial institutions 62 Fersonal services 63 Business services 64 lepair services 65 Professional services Spokane Valley did not apply a land utilization factor. The adjusted commercial acres of demand are then calculated by a market factor of 25%to determine the total demand of commercial acres. The total demand of commercial acres is then subtracted from the commercially zoned acres resulting in the demand for commercial acreage. Using this methodology the City of Spokane Valley determined that there was adequate commercial property for the next twenty years of comrnercial growth (see formula below). City of Spokane Valley Population Allocation +Q.irrent Population 08,956.00 Growth Factor Current Population 90,21 0.00 = Growth Factor 1.21 Commercial Acres X in Use = Commercial Acres of Demand 1.21 1,133.56 1,369.11 Land Utilization Commercial Acres of Demand X Factor 1,369.11 Adj. Commercial Acres of Demand 1,369.11 1.00 Adjusted Commercial Acres = of Demand 1,369.11 Commercial Acres Total Vacant Commercial in Use = Acres of Demand 1,133.56 235.56 Vacant Commercial Acres of Demand X Market Factor 235.56 .25 Total Commercial Acres of = Demand 294.45 Total Commercial Acres of Commercial Acres Total Commercial Acres of Demand + in Use = Demand 294.45 1,133.56 1,428.00 Commercial Acres Total Comm. Acres of Demand - Zoned 1,428.00 2,638.53 INDUSTRIAL LAND QUANIITYANALYSIS Additional Comm. Acreage = needed -1,210.53 Minus indicates surplus The industrial employment forecast for 2031 is determined using a ratio method that compares industrial employment to total population. Ibis forecast is needed to determine the adequacy of industrial lands to meet the land quantity needs for the 2031 planning horizon. The forecast and needs analysis involves several steps as follows: 1. Establish a ratio of industrial employment to total Population The ratio is established using the 2000 census, which indudesdetailed employment data for industrial employees. The categories considered as industrial include construction, manufacturing, wholesale trade, transportation and warehousing, and utilities. In the year 2000, there were 49,344 people employed in these industrial categories. Snce the land quantity analysisfocuseson urban growth area needs, rural industries such as agriculture, aty of Spokane Valley forestry, and mining are not induded. This number is compared to the total population for 2000 (417,939) to determine a percentage ratio as follows: 10,644 divided by 79,000 = 0.135 or 13.5% 2. Estimate industrial employment for 2010 Estimating industrial employment for 2010 can be achieved by applying the ratio established in step 1 to the 2010 population for Spokane County. The equation is illustrated as follows: 2010 population x 0.135 = Industrial employees for 2010 90,210 x 0.135 =12,178 employees 3. Estimate industrial employment for 2031 The UGA update contemplates land use needs for the year 2031. Estimating industrial employment for 2031 is necessary to determine future industrial employment needs and can be estimated similarly to step 2. The equation is illustrated as follows: 2031 population x 0.135 = Industrial employees for 2031 108,956 x 0.135 =14,709 employees 4. Estimate the increase in industrial employment between 2010 and 2031 To estimate the increase in industrial employment :imply subtract the current estimate of industrial employees (2010) from the 2031 estimate for industrial employees: 2031 employees- 2010 employees= increase in employment for planning period 14,709 —12,178 = 2,531 employees 5. Estimate the need for available industrial lands An industrial lands study was done by Spokane County in 2000. The study provided a detailed analysis of industrial lands in the unincorporated areas of the County. Research within that study established a ratio of 16 employees per net acre of industrial land. This ratio is used to determine the net acres of industrial land needed to meet the employment needs for 2031: (16 employees per acre) / 2,531 employees =158 acres The condusion isthat 138 acres of available industrial land is needed to maintain the current level of industrial use per capita for the 2031 planning horizon. This condusion is city-wide and does not indude the industrial land needs for unincorporated UGAs. Qty of Spokane Valley In order to evaluate the industrial landswithin the City, staff used an industrial land study developed in 2000 by a committee composed of representatives from various economic development, business, and real estate organizations. This committee developed a rating system to evaluate the marketability of land designated for industrial use. The rating system utilized Geographical Information Systems (GS data to evaluate the industrial land in terms of lot size, availability of infrastructure, and environmental limitations. In this study, industrial land was dassified into five categories or "tiers". Tier one lands were determined to have all the attributes to be immediately available for development. Tier two and three lands were classified as being usable within a 20 -year timeframe. Tier four and five lands were considered constrained with improvement value, size, or critical area limitations, which essential made them unavailable for development. Using this methodology, it was determined that there is 839 acres of tier one industrial property within the jurisdictional boundaries of the City of Spokane Valley. In addition, there is 250 acres of tier one industrial property currently in a public/quasi-public use. There is no tier two or three industrial properties located within the City of Spokane Valley. The majority of the remaining industrial property was dassified as tier four and five considered as land that is « built out" with little opportunity for redevelopment in the near term. Table 9 summarizes the industrial land analysis in the City of Spokane Valley. Table 9: Industrial Land Analysis Industrial Analysis Acres Tier 1 838.9046 Tier 1 (P/4P) 250.4862 Tier 4 2349.5993 Tier 4 (P/4P) 2.6502 Tier 5 54.5821 Tier 5 (P/Q-F) 22.9966 Totals 3,519.22 Based on the analysis, the needed industrial land for the 2031 planning horizon is 158 acres. Currently, the City has839 acres of tier one industrial land. Essentially, the City has four times the industrial land needed in tier one industrial properties alone. In condusion, the City Spokane Valley has an adequate supply of industrial land for the next 20 years PREVIOUS B3ONOM IC STUDI ES & ANALYSTS The City of Spokane Valley, as part of the planning process for the Sprague-Appleway Revitalization Ran, conducted economic analyses providing a basis for recommendations in the Plan. The most recent study performed by Gbbs Planning Group, Inc. in 2007 specifically examined the economic feasibility of establishing a town center in Spokane Valley. The Gibbs City of Spokane Valley study examined three trade area scenarios: 1) Micro Trade Area, 2) Rimary Trade Area, and 3) 100 Mile Trade Area. These trade areas are discussed in more detail below. Micro Trade Area This model established the minimal possible trade area for the proposed town center site. The q:lokane Valley Mall and downtown 800kane were excluded from the trade area (supply side) in an effort to create the largest possible retail void. It was expected that this model would yield a strong demand for neighborhood goods and services. However, the Micro Trade Area analysis indicated an over -supply of all retail categories except for specialty foods such as ice cream, bagels, and coffee. Overall, the Micro TradeArea2006 retail saleswere reported at $1.29 billion, with a consumer demand of only $738 million. The Micro Trade Area thus had an over- supply of $550 million per year or approximately 2 million square feet. Rimary Trade Area The Rimary Trade Area included most of the qookane Valley region where most of the study area's (4)okane Valley Town Center) potential shoppers reside. The a:tokane Valley Mall and surrounding retail were induded in this model; downtown gokanewas exduded from this model. The estimated Primary Trade Area's overall 2006 retail sales (supply) were $2.23 billion with total consumer demand (spending) of only $1.46 billion. This resulted in an over -supply of $805 million per year or almost 3 million square feet surplus retail stores in the Rimary Trade Area. 100 Mile Trade Area Due to the relatively remoteness of Spokane, Gibbs' opinion wasthat it is likely that the total Spokane trade area extends 100 miles or beyond. The 100 Mile Trade Area would account for the largest potential demand for retail and restaurants in the greater Spokane region. Within the 100 Mile Trade Area, most categories are over -supplied especially jewelry, sporting goods and books. Asmall demand was indicated for home furnishing, appliances, electronics, and limited service restaurants. The overall 2006 retail sales (existing supply) was estimated at $9.48 billion, while the 2006 overall consumer demand was estimated at $8.17 billion yielding retail over -supply of $1.31 billion. This results in an existing over -supply of up to 4.7 million square feet of retail space in the ookane Fegion. City of Spokane Valley 1 City of Spokane Valley 2010 Re6idertml land quantify a o City of 4:lokane Valley 11 EXHIBIT "B" E { , Modifications to Reclamation plan to inlcude removing the common boundary between CPM and County property to maxima¢ethe resources in both mining permits including but not limited to mining the Flora Pit Road and the existing house property. See Sullivan Road Details Above 3 2 ! 43 k i § CPM just purchased the property in December. DNR Plan is under review and may require modifications in which the City would need to sign off. S. /& & ! ! & ■ ! /{/\\ '� kƒf Mining/Industrial Shop Facilities Mining Concrete Production Shop Facilities Quality Control Mining. Recycling k e \\ O. / {) ux \\ r Medium Density /k §) 1CurrentZoning _. .2 runi 2. 2. } Z 60 ft \' Mining/Industrial Asphalt Production Concrete Production Shop Facilities Recycling kf) }{// . kala it 11 45713.9UU8 45123.9007 45122.9005 45122.9004 45123.9006 45123.9011 45125.9157 45135.9007 45124.9012 45121.9016 45121.9015 35134.9095 35134.9057 35134.9028 35134.9075 35134.9030 35134.9029 35134.3232 35134.9081 35233.9191 35233.9192 35233.0709 • 35233.0513 35233.0710 35233.0604 35233.0605 35233.0606 35233.0607 35233.0608 35233.0609 35233.0505 35233.9176 tf- CO )!k $ §|\ TO {% Spkane County Flora Pit under lease/buy option Park Road 352:13.300935233!3019 52:13.30093523 3`301J S . Willamette 33233.1117 )12'115 33232 I:108 i2 11,r/ .5523:A1,100, ,23, A .3232 4411 32 2 35232 b 35232 352,t2111 msgvAr rsr.4. 5z19 1 ! .7.2 ; .1 'A ;7C!`.; ;:7,2:7:11.;'.:2 :,....-..*:,),-.1'...:- -., ,,,,,..-f -g.I.T.,-.774.0..-:_"E —II; ,ff'. .. • •PMEllae .3522.1 2., C.,1:,•._122.;,....pv-„, _ tfigk4eJ.4.,tgstrir....rit4t ). *:3522.1'..1b6E:5522.? ' lAt, .-s,r-.1t47‘4 Vsni:07).7.0•A,- •: ":'''',_,(:)11',:c.1' , ,,,,,,,,,,.. ,. .‘; : ..--,,t ,7:','''11 ,4 .44:-.1 .0,,,,,,...,,i.:, 1-::: .,/-_:•:-. :.---,i :. ..:•;7:iriP.: ';'''. --.-':::':78:,7:6:1,':' _-' '''''• ' Spokane Valley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org Memorandum To: Mayor and Councilmembers cc: Mike Jackson, City Manager; John Hohman, Community Dev. Director; Lori Barlow, Planner From: Chris Bainbridge, City Clerk I j„/�-� Date: March 26, 2015 Re: CPA 2015-0002 The attached materials are those that were handed to me by Mr. Joseph House. City of Spokane Valley Community Development Department Planning Division March 24, 2015 RE; Project Number: CPA -2015-0002 The request for the property located at 1603 N. Flora Rd., Parcel #45124.0203 and 1625 N. Flora Rd., Parcel # 45124.0151 from Low density Residential (LDR) with a Single Family Residential (R-3) zoning classification to a Mixed Use Center (MUC) designation with a Mixed Use Center (MUC) zoning classification should be Denied. At that property location, there needs to be a buffer for the existing single family residents properties located North of Mission and on the West side of Flora Rd.. There are hundred's of acres already designated (MUC) to the South and West of the proposed site. So in this area there's no good reason or need for additional Multiple Use Center (MUC) zoning changes. This proposed parcel zoning change is the buffer that's needed for the existing residential properties from the already (MUC) properties. This proposed property (site specific), Compressive Plan map Amendment needs to stay Low Density Residential (LDR) with a single Family residential (R-3) zoning classification for the purpose as the buffer for the existing residential properties and not be granted Multiple Use Center (MUC) zoning change status. Jos -p Lynda Hous 7406 E Montgomery Ave (mailing address) Spokane Valley, WA 99016 Property Owners of properties located adjacent to the proposed re -zone, located at: 1711 N Flora Rd. and 1803 N Flora Ave. March 24, 2015 RE: Project Number: CPA -2015-0002 We the nnniden°aagrned would request that the Spokane Valllley Council weep the property at Mora and Mission at the current zoning of R-3 (LDR) shn,igte family residential and Deny the request to a Mi UC (mixed use corridor) NAME and ADDRESS: OttIN 1407/)1,4#0 v111 raiitiell PI k Aik 17 0 (oripi Lytt r/r/l;n Si‘ it- Id r19 -1S r I o c6 t 1 l I `f IT r -i « c tocti 74 . cc_(‘ `Het enc. ,14)4111 `Dikl CALF c111`FfAvc. 712 1-7113 L jt J/Gf4' 'Az /21 N Coat k I5 0/mi S -kick Lg I5tZ ovti. pr 5a t i IIS Cru nfa1vj 1 i72(0 nr caw Dr Dix c cc / f L,1 r c/e, /1/ Zezdar (7/1 March 24, 2015 RE: Project Number: CPA -2015-0002 We the undersigned would request that the Spokane Valley Council keep the property at Flora and Mission at the current zoning of R-3 (LDR) single family residential and Deny the request to a MUC (mixed use corridor) NAME and ADDRESS: fo-6-- ') kWrIkAit AVe-- kco-42- vql 7c161,6 1 Do? -,E 136d.)(1,cci fl KACk.n VacL ATI (tc; 'efttI I- 17nzci 6aftuitt Arc ,r20-6,-4-u1,;(jkIL/ crti S\Z6f17 &J 17e l( cpeo-s- ) LoA ?ooiL t•-kze.-0 (.01 i3ee....L E.C. 6,-(441k /(O8 4e,11 511 176-) Aff- 137 II (-- Advejlolikison (-70K N 130/ St- -Crogaii e Vail W A Ha-fh,f2? /fA),nor( 52wik,u9 V((// -t/ W C 0 t 7 0, df (9-irck_ sr OM \I ((I_ elgoite k4(kAAMAN &OA- L-71_0), Alva polo& Uci((e L. Vsvi/rei--1‘.6) I;za SV 9 q r :?°go ilf(t';() a 7 A/ Aro V TAJOVV)r ce 06 k: ,5v 'co J-(41/2..5 I70 -&,V Arc 5ff& 14 c- 1/c_ y qg 0, / i7[27 wt, Etb-c. LL ge101-LD 637610 6-etrYli4 adlo N 4 (44 711//6 March 24, 2015 RE: Project Number: CPA -2015-0002 We the undersigned would request that the Spokane Valley Council keep the property at Flora and Mission at the current zoning of R-3 (LDR) single family residential and Deny the request to a MUC (mixed use corridor) NAME and ADDRESS. 1?7 j 7te e' (71/ I ,, ��va IIIc:' 5 c- o i / 7/te'fi r 9ei bpi % 7/"g '= ee7- c Ober- 4-5 py(lF>r.(O 7 ti) Okaik Ok, k,Qn c O if, d stn k -uv g4(624•A Nei '�r� Ile z E� 1 Dz-A)�, � S1d(4 (1---1-111 0.71`c4 0-44 . CF o (ec,._ \kJ -4 49 0 ( L7 er 114) ......,_r__,2-- ,irt„, )3,,, ,g- ,e2.4.(2..L.,,L.,,6_,<._ = j2:02,,,, le -,--LS 4, 7 , w 141-(--- 1-'1 17e e; -7 I-. ie--LL-z- ,I, ,,,t, c -k L) ( ,i/-(4zz c-cl Le'-olgz GGA-rt� /�i,-Q6� b sc- fit( le l -L) 5 17 k.1-- '(\ I c DYE C-1— i l o o A C _hif\-ks ,L.N sV 1ti C.a.\11 \,,uCf 1 L5ZS 0-eSc kik_ 45 LA SO W% C1;47 C rfAC 5 /M 2( 0-e-56--)1(11/ 5 L --Al CAcGl AAe 5 wA Martin Palaniuk From: Sent: To: Subject: Mary Pollard <marjam17216@msn.com> Thursday, March 19, 2015 9:55 AM Martin Palaniuk . CPA -2015-0002 Hi, I would like to give my support to the zoning change. I have been in contact with Mrs. Abraham over the last two years, as well as the original project her mother had intended to utilize this land for as an elderly mobile home community. Due to the recent construction of huge apartment complexes just down the road, this does create a need for more storage and Mrs. Abraham needs the change in zoning to build storage facilities. The design of these building should be roofed to fit in with residential zoning that is along side it, so it doesn't depreciate homes nearby. We have seen many storage facilities with the traditional or standard gable construction rather than a flat roof that are tidy and convenient for nearby residents. We appreciate that this change in plan would not inundate the neighborhood with more traffic. A mobile home community can change ownership and depreciate in value and appearance over the years, as well as the rules of use implemented by the owners. Since Spokane Valley code does not prohibit mobile home parks in any residential zoning this change in plan would be better for North Greenacres Neighborhood. It would better complement the needs of this neighborhood. We support the zoning change so Mrs. Abraham can utilize her property as storage facilities. Thank you, Mary Pollard North Greenacres Neighborhood 509 926 8899 17216 E Baldwin Ave. Spokane Valley, WA 99016 ikcj\bb irok Martin Palaniuk From: Appleway Florist & Greenhouse <info@applewayflorist.com> Sent: Tuesday, March 17, 2015 1:46 PM To: Martin Palaniuk Subject: Comprehensive Plan Amendment, file no. CPA -2015-0002 Spokane Valley City Council and Staff, I would like to share my opinion on the upcoming Comprehensive Plan Amendment. Specifically, the proposed zone changes for the property adjacent to ours located at 1625 N FLORA RD. With the large amount of changes in the area surrounding our properties, I would like to show my support for Patricia Abraham and Jayn Courchaine as they endeavor to better our neighborhood. They have been good stewards of the land and courteous neighbors and I believe they will continue to be in the future. I hope you will consider approving their zoning request, as it is my opinion, it is in the best interest of both the property owner and the surrounding neighborhood. Thank you, Monty Lewis Lewis Properties of Spokane 16913 E Mission Ave Spokane Valley, WA 99016 509-924-5050 1 Martin Palaniuk From: Amy Bonwell <amylbon@yahoo.com> Sent: Monday, February 23, 2015 1:15 PM To: Martin Palaniuk Subject: Re: Comprehensive Plan Amendment CPA -2015-0002 Attachments: img-150223234635-0001.pdf Hi Martin, Attached are the documents discussed. If you could please share these with the City Council it would be greatly appreciated. Thank you, Amy Hughes On Thursday, February 19, 2015 8:04 AM, Martin Palaniuk <mpalaniukAspokanevallev.org> wrote: Amy, We will be providing an Administrative Report to City Council on March 10 and the First Reading is scheduled for March 24. Please send me a copy of your documents and I'II be sure to inform council of your opposition when 1 report to them on the 10th. Public comment will not be taken on the 10th but anyone may speak on the amendment at the First Reading on the 24th. I would encourage you and your neighbors to appear at the first reading on the 24th and voice your opposition in person. Appearing in person and speaking on the issue is your best chance of influencing the council. Marty From: Amy Bonwell [mailto:amvlbon(a�yahoo.comj Sent: Wednesday, February 18, 2015 6:57 PM To: Martin Palaniuk Subject: Re: Comprehensive Plan Amendment CPA -2015-0002 Hi Martin, I have collected 18 signatures in opposition to this CPA and will have 3 or 4 more by tomorrow evening. When will this be presented to the City Council and can I send it directly to you to share with them? Thank you! Amy On Monday, February 2, 2015 4:03 PM, Martin Palaniuk <mpalaniuk(a spokanevallev.orq> wrote: Amy, It has not been placed on the City Council agenda for a first reading as of this time. City Council will take public comments at the first reading. We are taking two amendments through the process and the other amendment has been held up in the planning commission. The administrative report to City Council has been scheduled for February 24, 2015 however , public comment will not be taken at that time. 1 Marty Martin Palaniuk Planner City of Spokane Valley 11707 E. Sprague Ave. Suite 106 Spokane Valley, WA 99206 (509) 720-5031 mpalaniukt spokanevallev.org From: Amy Bonwell [mailto:amvlbonvahoo.comj Sent: Monday, February 02, 2015 3:16 PM To: Martin Palaniuk Subject: Re: Comprehensive Pian Amendment CPA -2015-0002 Thanks Martin. Has the date of the City Council meeting been determined? Thank you, Amy Hughes On Tuesday, January 27, 2015 4:12 PM, Martin Palaniuk <mpalaniuk(c�spokanevalley.orq> wrote: Amy, I have attached some material related to the comprehensive plan amendment that is being considered in your area. As you know the public hearing was held on January 22, 2015 in front of the planning commission. Your next opportunity to provide public testimony will be when the amendment goes before the City Council. I will provide you the date and time of that meeting when I have confirmed the date. I've attached the staff report and a copy of the Notice of Public Hearing that went out prior to the hearing last week. Please let me know if there is anything else we can do to better inform you on this issue. Marty Martin Palaniuk Planner City of Spokane Valley 11707 E. Sprague Ave. Suite 106 Spokane Valley, WA 99206 (509) 720-5031 mpalaniukcV spokanevalley.orq 2 2/2/2015 To Whom It May Concern, Attached are the names, addresses & signatures of - homeowners that live in Flora Estates and oppose CPA -2015-0002. We have highlighted the location of Flora Estates on the attached map. We were unable to voice our opposition at the January 22, 2015 public hearing in front of the planning commission. Please take this letter, and attached signatures, as our formal public testimony. We oppose this change for a variety of reasons. The primary reason is because there is already a significant amount of undeveloped MUC (mixed use center) land to the west of our development. We don't see a need for additional MUC space with the large amount of available land. A secondary reason for our opposition is the traffic on Flora Rd. There is currently a significant amount of traffic on Flora Rd and Mission Ave. As the currently undeveloped MUC space is developed, this traffic with increase dramatically. Our small development, 17 homes, has 21 children under the age of 10. As children do, they play in our streets (one of our streets, Coach Ln, is a private dead-end street). What is concerning is the traffic that whips through our neighborhood hoping to avoid the clog at the round -a -bout only to find out that Coach Ln is a dead-end. We feel having more MUC space will only increase the traffic which will ultimately increase the risks to our neighborhood, and ultimately our children. Thank you in advance for considering our public testimony. Sincerely, The Flora Estates Homeowners ECEIVED FEB 2 3 2015 SPOKANE VALLEY COMMUNITY DEVELOPMENT U:insme rueNsa. L. e.....n: . ..insure ',1l 1 1t 11A ' NY, Di10 .'5b b.S :( . ] ,s Tills lV SIka-- tji1 f4(tic.8_ /:3/j Ai f 6'.4c„ -P. Al ,C, fd t.� ta{'nn • SeCi,t1 1 GaC, W Cr 1-, D, -,...--x(.5,42, .i"1r- _i. ' �, '° ./6O f I'! JI 1 '., - , 11 --,,i Io- A gi, .1 �/1 G ARM 1. 1 0 '1/ 'x>/ .4' /so, N 60,9c,(4 -,pie 01 -VS //miff"; F 5,7_,,v o 0 9 i(1iUO rf /Evil J5'0\ /1/ (-0. 11R. A Cr 570-c1f7c 30 At t e. Y � t 1 ) a-3 1 Pn W1.6 ( Atie Stet 3 ID616.) ( . 11 .h ' * "•% c. j AlJ ITk 5: .h j L 1 4.... 17 ill ( /i. 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It ----- 1ttt0G i7toil3!.1S‘--- -- —– n__----:R-+V ,z1t– .,----.---,-- ---- --' rC.0.4l --,I <nr7ie '., rRCIrD:II1'ee I1 451240125l/ - i j____1I— 46--, • = I 'I! l'••• '"'"''.:-Z \\\ 1 1 , I I- I t 1 451,11.0 45 1 .-I a r--------- i 1 i .§11- °Isslkir------) _ -----------__. ------- 1 _________ ----C ------ -------- o +4 -s-'-'........__,........._,., I I C:1 *-4 VI....- 45124.0105 1.1 0 0 tl 0 8 .0 0 0 8 31 0 0. 2.-›* 0 0 0 31 0 8 31 5 31 0. 31 0 0 0*3 77, MEMORANDUM TO: City of Spokane Council Members FROM: Spokane Valley Hotels DATE: March 24, 2015 RE: Increase to Hotel/Motel Room Taxes Background Information The City of Spokane Valley does not have a venue that facilitates tourism. The hotels have requested that the city council look at the City of Spokane Valley future taxes going to building tourism facilities within the City of Spokane Valley. The City of Spokane Valley Hotel/Motel tax advisory board has unanimously voted to increase our Hotel/Motel taxes by 1.3%, the maximum remaining under the state tax lid of 12%. If we do not increase these taxes at this time, we could lose another .3% in April. The City of Spokane just increased their lodging taxes by 1.3%. We have consulted with council members and the motion language creates a dedicated fund for these increased taxes to be held for a future sports venue to be built in the City of Spokane Valley. Action The following undersigned City of Spokane Valley Hotels request the council support the motion to increase the Hotel/Motel taxes by the maximum allowable amount of 1.3% immediately. Motion Motion is to pass an additional 1.3% lodging tax to be put into a fund dedicated for a large sporting venue or venues for tourism facilities that generate overnight guests. Memorandum with Revisions City of Spokane Council Members March 24, 2015 Page 2 01'3 COMFORT INN & SUITES HAMPTON INN & SUITES Valica Coy Colleen Heinselman HOLIDAY INN Ex PRESS LA QUINTA INN & SUITES TodySonote r MIRABEAU PARK HOTEL & CONVENTION CENTER Andy Rooney OXFORD SUITES Amanda Rosier RAMANDA INN Terry Lin MY PLACE Blaire Dinger QUALITY INN Jeff Liman RESIDENCE INN Kyle McCandless Angela Miller RODEWAY INN & SUITES SPOKANE HOSPITALITY, LLC. Terry Gosal SUPER 8 Lee Cameron STERI,IIG HOS 'ITA TY, LLC. Liz Beck Cal Clausen MEMORANDUM TO: City of Spokane Council Members FROM: Spokane Valley Hotels DATE: March 19, 2015 RE: Increase to Hotel/Motel Room Taxes Background Information The citizens and the hotels within the City of Spokane Valley have been paying taxes to build and market venues located in downtown Spokane to facilitate tourism, i.e., the Arena and the Convention Center. These facilities mainly benefit the City of Spokane. The City of Spokane Valley does not have a venue that facilitates tourism. The hotels have requested that the city council look at the City of Spokane Valley future taxes going to building tourism facilities within the City of Spokane Valley. The Spokane County Council, in conjunction with the Sports Commission and the Public Facilities District, is planning a levy lift to increase taxes on all the county citizens, which includes the City of Spokane Valley citizens, to build a Sportsplex in downtown Spokane. This facility was originally planned to be located in the City of Spokane Valley. This new Sportsplex, if built, will take more business away from the City of Spokane Valley. The City of Spokane Valley Hotel/Motel tax advisory board has unanimously voted to increase our Hotel/Motel taxes by 1.3%, the maximum remaining under the state tax lid of 12%. If we do not increase these taxes at this time, we could lose another .3% in April. The City of Spokane just increased their lodging taxes by 1.3%. We have consulted with council members and the motion language creates a dedicated fund for these increased taxes to be held for a future sports venue to be built in the City of Spokane Valley. Action The following undersigned City of Spokane Valley Hotels request the council support the motion to increase the Hotel/Motel taxes by the maximum allowable amount of 1.3% immediately. Motion Motion is to pass an additional 1.3% lodging tax to be put into a fund dedicated for a large sporting venue or venues for tourism facilities that generate overnight guests. Memorandum City of Spokane Council Members March 17, 2015 Page 2 of 2 COMFORT INN & SUITES HAMPTON INN & SUITES Valica Coy HOLIDAY INN Chelsea Atwell MIRABEAU PARK HOTEL & CONVENTION CENTER Andy Rooney OXFORD SUITES Amanda Rosier RAMANDA INN Colleen Heinselman LA QUINTA INN & SUITES Terry Lin MY PLACE Blaire Dinger RESIDENCE INN Kyle McCandless Angela Miller RODEWAY INN & SUITES Terry Gosal SUPER 8 Liz Beck Memorandum City of Spokane Council Members March 17, 2015 Page 2 of 2 COMFORT INN & SUITES Valica Coy HOLIDAY INN Chelsea Atwell MIRABEAU PARK HOTEL & CO/ ► TION CENTER Andy Rooney OXFORD SUITES ON INN& TES. en Heinselm LA QUINTA INN & SUITES Terry Lin MY PLACE Blaire Dinger QUALITY INN Amanda Rosier Jeff Fiman RAMANDA INN RESIDENCE INN ;,7') 11(g&i/Z.;& Kyle McCandless Angela Miller RODEWAY INN & SUITES SPOKANE HOSPITALITY, LLC. Terry Gosal SUPER 8 Liz Beck Lee Cameron Memorandum City of Spokane Council Members March 17, 2015 Page 2 of 2 COMFORT INN & SUITES HAMPTON INN & SUITES Valica Coy HOLIDAY INN Colleen Heinselman LA QUINTA INN & SUITES Chelsea Atwell Terry Lin MIRABEAU PARK HOTEL & MY PLACE CONVENTION CENTER Andy Rooney "Le Eiaza) rn. OXFORD SUITES QUALITY INN Amanda Rosier RAMANDA INN Kyle McCandless Jeff Fiman RODEWAY INN & SUITES SPOKANE HOSPITALITY, LLC. Terry Gosal SUPER 8 Liz Beck Lee Cameron March 23, 2015 Dear Mayor Grafos, Council and Staff: We, the City of Spokane Valley Hotels, understand the time sensitivity of increasing the Hotel/Motel room tax and wish that we weren't in such a situation and had more time to plan. However, we want the City Council Members to know that the City of Spokane Valley Hotels are willing to increase the Hotel/Motel taxes by the maximum allowable amount of 1.3%. But, we do have some concerns that we would like to share with you: ➢ The motion is too broad and does not specify a plan. The motion reads that the additional 1.3% will be put into a fund dedicated for a large sporting venue or venues for tourism facilities that generate overnight guests. ➢ At this time, with the passing of the additional Lodging Tax of 1.3% we can only tell our guests paying the tax that the funds are for a sporting venue. We look forward to working with the city as we undertake plans for a sporting venue that will add substantial overnight guests for our Spokane Valley hotels. ➢ We want to be assured there will be sufficient marketing funds given to our regional marketing organizations to market the new venues from the 2% Lodging Tax. The motion before you does not allow for any marketing of the new venue or venues. The past history has been that funds have been given to organizations that do not generate overnight guests. ➢ It is the understanding of the Hotels located within the City of Spokane Valley that the newly collected 1.3% Lodging Taxes would only be used for the stated use in the motion passed by the Tax Advisory Committee. The past decision to not fund the recipients of Lodging Tax and to start the process all over again, delaying funding to our crucial marketing partners does not send a positive message that you are here to support our tourism businesses in the valley. We, the City of Spokane Valley Hotels, would like to work on solutions with city staff and council to make sure that we are continuing to increase tourism for the City of Spokane Valley. We have to be partners. Sincerely, City of Spokane Valley Hotels (( Public Comment for City Council Agenda, March 24, 2015, Item #8, Motion Consideration: City Hall Architectural Services Contract. )) My name is Philip L. Rudy. I live at 5647 N. Fruithill Road. Honorable Mayor, Honorable Members of the City Council. I am pleased the City Council is moving forward for plans for a new City Hall for the City of Spokane Valley. The location chosen is excellent for it will improve the neighborhood, and act as an attraction for further positive economic development of the area. I am before you tonight to bring your attention to safety concerns I have about traffic flow past the new City Hall location. I encourage you to continue Sprague Avenue with only three lanes of west bound traffic from the Sprague and University intersection. I encourage you to continue the three west bound lanes to Herald Road, which is one street west of Dartmouth Road. Herald Road is the most western border street of the proposed new Library. How can there be greater safety with only three west bound traffic lanes from University to Herald? (1) Pedestrian traffic coming from the proposed new Library could access the crosswalk at the intersection at Herald and Sprague. After crossing Sprague they could walk either direction on the south Sprague sidewalk, and choose to walk south on Dartmouth to Appleway, cross Appleway where safe and walk to nearby apartments or other close destinations. (2) Vehicle traffic turning into the new City Hall could make left turns from the southernmost west bound lane at designated turn areas. The beautiful presentation video made by Architect's West shows an island between 4 west bound lanes on Sprague Avenue. There is the possibility someone may think it is safe to make a left turn from the northern two west bound lanes across the southern two west bound lanes. They could get T -Boned. I highly recommend only three west bound lanes to Herald for this safety reason. Past Herald Road traffic lanes could resume the present configuration. (3) If City Council were to establish an East bound lane for Fire Station 1, starting a little west of Balfour Road extending to University, the response time for emergency calls for people needing assistance in that direction would be reduced. The unused remaining width of the southern portion of Sprague Avenue between University and Herald could be turned into one of the most beautiful landscaped boulevards in the entire Spokane Valley not to mention, perhaps, the entire County. In summary, limiting Sprague Avenue to three west bound traffic lanes from University Avenue to Herald Road would give a higher level of safety to pedestrians crossing Sprague at crosswalks, to citizens accessing City Hall and those in distress needing emergency response from Fire Station 1 at Balfour Road. Respectfully, Philip L. Rudy