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2015, 06-30 Study Session MINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley,Washington June 30,2015 6:00 p.m. Attendance: Councilmembers Staff Dean Grafos,Mayor Mike Jackson, City Manager Arne Woodard, Deputy Mayor Mark Calhoun, Deputy City Manager Chuck Hafner, Councilmember Cary Driskell, City Attorney Rod Higgins, Councilmember Erik Lamb, Deputy City Attorney Ed Pace, Councilmember Mike Stone, Parks &Recreation Director Ben Wick, Councilmember Eric Guth, Public Works Director Bill Gothmann, Councilmember Pro Tem John Hohman, Community Dev. Director Chelsie Taylor, Interim Finance Director Gloria Mantz, Development Engineer Christine Bainbridge, City Clerk Mayor Grafos called the meeting to order at 6:00 p.m. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. Amended Agenda: It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to amend the agenda. A. Added Item: Emergency Ordinance 15-013 Adopting a Moratorium on Mining and Mineral Product Manufacturing—Erik Lamb After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded, to suspend the rules and approve Ordinance No. 15-013, repealing Ordinance No. 15-005 and Ordinance No. 15-009 and adopting a moratorium on mining and/or mining site operations, including excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching. Deputy City Attorney Lamb explained that this proposed emergency ordinance simultaneously repeals other ordinances which established the moratorium and adopted findings of fact, and re-establishes the moratorium to allow a new public hearing and provide the public notice and opportunity for public comment. Mr. Lamb explained that a public hearing was conducted March 24, 2015, and we received public testimony: two written comments were received and six interested parties spoke; said since that time we determined we did not provide all the public notice we could have as we did not formally publish the notice in the City's newspaper as we normally do; so another public hearing will be held to provide that formal notice and ensure that all interested parties who desire to speak will have that notice and be able to comment at that time. Mr. Lamb explained that there is no change to the operative moratorium language from the original ordinance, and the duration has not changed; that it was originally set for one year so this will also run through the same period and end February 23, 2016; so we are not adding additional time or trying to extend the moratorium further; that this is simply about the public notice, and said the new public hearing is set for July 28, 2015, here in Council Chambers. Mr. Lamb noted that as with the original ordinance, this also includes a workplan as required by state law; and since this is an emergency ordinance, it would be effective immediately upon adoption. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. Council Study Session:06-30-2015 Page 1 of 4 Approved by Council:07-14-2015 ACTION ITEMS: 1. Comprehensive Plan Overlays and Text Amendments—John Hohman It was moved by Deputy Mayor Woodard and seconded to include text and overlay requests in the Comp Plan Analysis: CAR 2015-0018; and CAR 2015-0021 through 0024; and to exclude 2015-0025 and 0026 from the Comp Plan Analysis. Senior Planner Barlow went over the background of the CARS (Citizen Action Requests); said the twenty-six applications were divided into two batches: one for site specific amendment requests, and the other for map overlays/text amendments; that Council previously agreed to include all the site specific amendment requests for further analysis; and at the June 9, 2015 Council meeting, informally agreed not to move two, and to move five overlays/text amendments further for analysis. Ms. Barlow briefly explained each request, and said the two requests with a recommendation from Council not to include for further analysis were regarding manufactured home parks; that after tonight staff will send these requests on for further analysis and we will continue the update process; she also noted that Mr. Tadas Kisielius will be at the July 21 Council meeting to discuss this process further. Mayor Grafos invited public comment. (1) Mr. Alan Delaubenfels, 13120 E 6th Avenue: said he supports the comp plan re-evaluation process but there is some confusion about what's been taking place, and he wants to make sure it is known that he's opposed to the idea of immediate rezoning but supports the re-evaluation process so the whole city is evaluated and studied concerning impacts of any property that might be changed. (2) Mr. Terry Warner, N 3211 Tschirley Road: spoke concerning the Mica View Trailer Park; said he and about eighteen others are not in favor of high density zoning on Valleyway Court south of Laberry; that it adds congestion, crime, and noise pollution; that he finds some of the new developments in the valley to be "poorly put- together" and "cheaply constructed;" said several people living in the trailer courts are on some kind of state help and/or are disabled; and said he sees suburban sprawl around the valley. Councilmember Pace said he realizes there are others there tonight who would like to comment about the other, site-specific amendment requests, and Mayor Grafos agreed since we are discussing the Comprehensive Plan, that all comments would be welcome. (3) Ms. Donna Blumberg, lives on Upriver Drive, not in Spokane Valley: said there are problems with traffic in that area; and adding more density would cause a "real mess." (4) Mr. Jim Fluegel: referenced a handout he had concerning advertising and units for rent; said with phase two "they" could have 96 units. (5) Mr. James Johnson, 13224 E 4th: spoke concerning density bonuses and some concern about no one taking advantage of those incentives; asked Council to keep in mind that MF1 or MF2 with density bonus means 2.5 times, which is what would happen to the homes that are adjacent and which would be a substantial difference; he suggested Council allow those impacted to create a barrier for themselves. There were no further public comments. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. NON-ACTION ITEMS: 2. Historic Preservation—Gloria Mantz Development Engineer Mantz explained that during an April meeting, Council had requested additional information on historic preservation; said she was assured that we have the authority to write the ordinance and have the program the way we want it, and being listed on the historic register is a voluntary program; and that many jurisdictions use this type of program to encourage visitors. As noted in the ordinance template, Ms. Mantz explained that we could specify in our ordinance that anyone could nominate anyone else, or just the property owner, but that the property owner must approve their property being part of the register. Ms. Mantz said there are about 350 active properties in Spokane City with about half receiving incentives for a total of over $200,000 in incentives; that if a property invests $100,000 in their property and assumes their property tax would be lowered, that is good incentive to be included on the register. Councilmember Hafner said he feels Council should make the decision about a building Council Study Session:06-30-2015 Page 2 of 4 Approved by Council:07-14-2015 being on the register and not the historic commission, and Ms. Mantz replied that decisions made by the commission could be appealed by Council, or we could include additional language to make Council the final decision-maker; and she said that Council would appoint members of the Historic Commission. Councilmember Pace again asked about rolling back building codes to make the regulations more like when the building was built, and City Attorney Driskell said we could do some minor amendments, but we still must meet the intent to provide safety requirements, and that we would have limited ability to adopt building codes in that regard. After Ms. Mantz explained the benefits, drawbacks, and estimated cost of such a program, Council concurred to move this forward. 3. Tourism Promotion Area(TPA)—Erik Lamb Deputy City Attorney Lamb said that this topic was originally brought up during the winter workshop; and he gave some background on the legislation concerning a TPA as well as the maximum charges allowed per night; went over some of the highlights of the Spokane County TPA and the Interlocal Agreement, which our City also signed; and explained a little about TPA revenues and how the funds are or can be used. Mr. Lamb noted that Liberty Lake formed its own TPA in 2004, and in 2011, they entered into an agreement with Visit Spokane to manage the Liberty Lake tourism promotion area, much like is done through the Spokane County TPA and TPA Interlocal, adding that as part of the management, Visit Spokane prepares the budget for Liberty Lake approval and then receives and expends the revenues from the Liberty Lake TPA. Deputy Mayor Woodard said that a problem with the Interlocal is there is no exiting ability, and Mr. Lamb replied that the Interlocal was agreed to by all parties and we could seek an amendment if Council wished to pursue that. Deputy Mayor Woodard said that there is no way for us to form our own TPA even if we wanted to, and said he doesn't want to. Mayor Grafos added that even though Liberty Lake has Visit Spokane prepare the budget, Liberty Lake still has a measure of control that we don't, and said he would like to explore that issue, examine Liberty Lake's agreement, and discuss this again at an upcoming Council meeting. Mr. Lamb explained that Liberty Lake never entered into this Interlocal, meaning that they started with a "clean slate" but an option would be to discuss this issue with other parties about possible amendments; and Councilmembers nodded in agreement. Councilmember Gothmann said that he is a member of the Valleyfest Board and in charge of the cycle celebration; that our city provides about 1/6h of the funds and he would challenge anyone to find more than 1/16`'' of the amount of publications that refer to Spokane Valley; and said he favors examining the options. Mayor Grafos agreed and mentioned Visit Spokane's magazine. Mr. Jackson said staff will investigate further and provide an examination of what Visit Spokane or the TPA has provided to our City. Councilmember Hafner said that the other agencies can out-vote us; that Visit Spokane brands an area and can only brand Spokane because no one else understands just Spokane Valley; said he had in-depth conversations with them about how to improve our recognition, and said that Mr. Basinger is doing a great job and that he too would like to examine what we can do under this arrangement. Councilmember Wick added that the TPA is just one source of funds, with the LTAC (Lodging Tax Advisory Committee) being the other; and a third piece is when we did the convention center bonds, part of that was a promise of 2% lodging tax that goes to the PFD (Public Facilities District); said he does not know what the Interlocal looks like but perhaps we should look at what obligations we have on that 2% that goes to the construction. Mr. Lamb agreed and said we can look at that other 2%as well as other taxes specific to the PFD. 4. Indigent Defense Standards—Cary Driskell Via his PowerPoint presentation, Mr. Driskell explained that we were recently advised by the Washington State Office of Public Defense that in order for us to be in compliance with state law, we need to adopt our own standards, even though we had to this point, contracted with Spokane County and relied on their indigent defense standards. Council agreed to proceed with a resolution to adopt the standards at an upcoming Council meeting. Council Study Session:06-30-2015 Page 3 of 4 Approved by Council:07-14-2015 5. Telecommunications Franchise, Fatbeam—Cary Driskell City Attorney Driskell explained the proposed franchise agreement with Fatbeam, and that they purchased the fiber optic facilities formerly owned by EMAN, which had obtained a ten-year franchise with us, and which franchise expired in 2013. Mr. Driskell said this agreement would also be for a ten-year period, and that this ordinance is similar to other franchises we have with private utility companies. Council agreed to proceed with an ordinance reading at an upcoming Council meeting. 6. Advance Agenda—Mayor Grafos There were no suggested changes to the Advance Agenda. 7. Transportation Improvement (TIB) Call for Protects This was an "information only" item and was not reported or discussed. 8. Council Comments—Mayor Grafos Deputy Mayor Woodard noted he will be out of town July 7 instead of July 14, and said he would like to participate in the July 7 Council meeting next week via telephone conference call. It was then moved by Councilmember Wick, seconded and unanimously agreed to approve the telephone meeting participation of Deputy Mayor Woodard for next week's Council meeting. 9. City Manager Comments—Mike Jackson Concerning legislative action, City Manager Jackson said that the State approved their budget but things are still moving and changing; that he spoke with Lobbyist Briahna Taylor who informed him that state leadership decided not to go with House Bill 2156, which was an omnibus bill which included our nuisance language; that an operating budget was passed by the house and senate and sent to the governor for approval and that it would restore the historical levels of liquor revenues to cities, which he said represents about $200,000 a year; said the transportation revenue package was passed but it did not include our Barker Overpass project, and that transportation revenue package included an increase in gas tax by 11.90 phased in through 2019, with an anticipated 16.2¢ over the next sixteen years; said there is still no action on the capital budget, but a negotiated budget has been agreed to which includes $1 million for Appleway Trail, Evergreen to Sullivan; said there is also language in legislation about vaping lounges as a result of our City's efforts, and that the near future will see more discussion about what that means and what local ordinances or action might be taken based on that, but that it substantially restricts sale or use of marijuana in vaping clubs. Councilmember Hafner noted that the legislature approved $15 million for an STA ten-year plan to include a downtown central city line, even though that was turned down by the voters. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 7:30 p.m. YT7 ATTE . . Dean Grafos,Mayo 011ir ,--- A ... .�. . i Christine Bainbridg-, City Clerk Council Study Session:06-30-2015 Page 4 of 4 Approved by Council:07-14-2015 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 30, 2015 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Proposed Emergency Ordinance No. 15-013 adopting a moratorium on mining and mineral product manufacturing and repealing Ordinance No. 15-005 and Ordinance No. 15-009 GOVERNING LEGISLATION: RCW 36.70A.390; RCW 36.70A; SVMC 19.120.050. PREVIOUS COUNCIL ACTION TAKEN: Council adopted a moratorium on mining and mineral product manufacturing on February 24, 2015 and adopted findings of fact on April 28, 2015. BACKGROUND: The City previously adopted a moratorium on mining and mining site operations on February 24, 2015 as set forth in Ordinance No. 15-005. Pursuant to Washington State law, Section 4 of Ordinance No. 15-005 set a public hearing for March 24, 2015, at 6:00 p.m. in City Hall for the public to provide comments on the moratorium. The moratorium and public hearing were described in multiple articles in local newspapers prior to the public hearing. Further, the agenda for the meeting on March 24, 2015, including the public hearing, was posted on the City's website and provided via email to citizens who have signed up for the City's agenda packet distribution list, and the City received written testimony from two interested parties and six interested parties spoke at the public hearing. However, the City did not publish formal notice of the public hearing in the City's official newspaper, as is our practice. Accordingly, to ensure that all of the public has adequate opportunity to comment, staff is presenting proposed Ordinance No. 15-013 to repeal Ordinance No. 15-005 and Ordinance No. 15-009 and to re-establish the moratorium and provide for another public hearing on the moratorium on mining and mining site operations. As discussed in previous meetings, the City is undertaking a comprehensive review of existing land inventory and all existing and desired land uses as part of its 2015 Comprehensive Plan Update. The City desires to maintain the status quo by prohibiting new mining operations while the City undertakes its Comprehensive Plan review to determine if mining is an appropriate use of that land given the unique permanence of mining. Thus, staff believes a moratorium on new mining and mineral manufacturing sites is appropriate while the City goes through its Comprehensive Plan update and determines whether open pit mining and mineral manufacturing is compatible with other uses in an urban setting. The moratorium will not impact current lawful operations of any existing mining site. RCW 36.70A.390 authorizes the City to adopt a moratorium on mining and mining site operations without conducting a prior public hearing and without utilizing the City's standard approval process through the Planning Commission and multiple readings by City Council. A moratorium preserves the status quo so that new plans and regulations will not be rendered moot by intervening development. After adoption of the moratorium, the City Council must conduct a public hearing on the moratorium within 60 days and adopt findings of fact for the moratorium. Additionally, the proposed moratorium includes a work plan and can be effective for up to 365 days from the date of adoption. After adoption of the moratorium, the City will work through the work plan and develop policy and final regulations through its standard process. A moratorium may be extended if the City conducts a public hearing on the ongoing work plan and extension of the moratorium and adopts findings of facts for the extension. Pursuant to the requirements of RCW 36.70A.390, proposed Ordinance No. 15-013 provides for a declaration of emergency and a moratorium on the submission, acceptance, processing, modification, or approval of any permit applications or licenses by or for mining and/or mining site operations, including excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching. The moratorium applies upon the effective date so it would not impact current lawful operations of any existing businesses at this time. Further, proposed Ordinance No. 15-013 if adopted by Council, sets a public hearing for Tuesday, July 28, 2015, establishes a work plan to develop the Comprehensive Plan Update and subsequently appropriate regulations, adopts preliminary findings of fact, and establishes an effective period from the effective date to 11:59 p.m. on February 23, 2016. Thus, the moratorium is not extended beyond the time period originally set in Ordinance No. 15-005. Proposed Ordinance No. 15-013 repeals Ordinance No. 15-005 and Ordinance No. 15-009. Finally, proposed Ordinance No. 15-005 is designated as a public emergency and would be effective upon adoption. Once adopted by Council, staff will continue with the Comprehensive Plan Update process and give due consideration to the appropriateness of mining and mining site operations within the City. OPTIONS: Move to approve the Ordinance, with or without further amendments; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: I move to suspend the rules and approve Ordinance No. 15-013, repealing Ordinance No. 15-005 and Ordinance No. 15-009, and adopting a moratorium on mining and and/or mining site operations, including excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching. BUDGET/FINANCIAL IMPACTS: N/A. STAFF CONTACT: Erik Lamb, Deputy City Attorney; Cary Driskell, City Attorney ATTACHMENTS: Proposed Ordinance No. 15-013. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 15-013 AN EMERGENCY ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING A MORATORIUM ON MINING, MINERAL PRODUCT MANUFACTURING,REPEALING ORDINANCE NOS. 15-005 AND 15-009, AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley ("City") is in the process of developing its 2015 Comprehensive Plan Update; and WHEREAS, pursuant to Article 11, Section 11 of the Washington Constitution, the City is authorized to "make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws," which includes the adoption of regulations governing land uses within the City; and WHEREAS, RCW 36.70A.390 provides that "A county or city governing body that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the governing body received a recommendation on the matter from the planning commission or department. If the governing body does not adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing such a longer period. A moratorium, interim zoning map, interim zoning ordinance or interim official control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal;"and WHEREAS, a moratorium enacted under RCW 35A.63.220 and/or RCW 36.70A.390 is a method by which local governments may preserve the status quo so that new plans and regulations will not be thwarted or rendered moot by intervening development; and WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 both authorize the enactment of a moratorium, interim zoning map, interim zoning ordinance, or interim official control prior to holding a public hearing, provided the City conducts a public hearing on the moratorium within 60 days of the date of adoption of the moratorium; and WHEREAS, pursuant to WAC 197-11-880, the adoption of this Ordinance is exempt from the requirements of a threshold determination under the State Environmental Policy Act; and WHEREAS, pursuant to RCW 36.70A.170 RCW, the City is required to designate "where appropriate...[m]ineral resource lands that are not already characterized by urban growth and that have long-term significance for the extraction of minerals"; and WHEREAS, pursuant to RCW 36.70A.060,the City is required to adopt development regulations to assure conservation of mineral resource lands designated under RCW 36.70A.170; and WHEREAS, the City has not designated any mineral resource lands within its boundaries nor has it developed regulations specific to mineral resource lands; and Ordinance 15-013 Page 1 of 5 DRAFT WHEREAS, pursuant to Spokane Valley Municipal Code ("SVMC") 19.120.050, mining is currently a permitted heavy industrial processing use within the heavy industrial(I-2)zone; and WHEREAS,the City's currently adopted Comprehensive Plan contains several goals and policies for the appropriate development of industrial lands, including the following: Goal LUG-10: Provide for the development of well-planned industrial areas and ensure the long-term holding of appropriate land in parcel sizes adequate to allow for future development as industrial uses. LUP-11.2: Conversion of designated industrial lands to other uses should be strictly limited to ensure an adequate land supply; and WHEREAS, the City has existing gravel mining operations within its industrial zone taking up significant acreage, which result in large open pits once the mining use is completed. Once a mine is opened, the impacts on the land may be irreversible even with appropriate reclamation planning. These impacts are permanent and can limit future industrial or other productive use of the site, even after the mine closes; and WHEREAS,the City has a finite amount of available undeveloped industrial land; and WHEREAS, pursuant to chapter 36.70A RCW, as part of the Comprehensive Plan Update Process, the City will analyze and complete an inventory of available industrial lands and review designation and regulation of mineral resource lands in order to reach a reasoned policy decision in the interest of public health, safety and welfare that addresses (a) consideration of where, if anywhere, designation of mineral resource lands may be appropriate within the boundaries of the City, and (b) whether mining and mining site operations, including excavation,mineral product manufacturing,mineral processing, stockpiling, and mineral batching, are compatible when undertaken on industrial lands and/or elsewhere within the City; and WHEREAS, additional time is necessary to allow the City to continue the development and completion of its Comprehensive Plan Update, including the determination of what the City's long-term goals are with regard to mining and mining site operations within its jurisdictional limits; and WHEREAS, new proposals for mining and mining site operations that may be submitted pending the completion of the Comprehensive Plan Update process would pose an imminent threat to public health and safety because they can permanently alter the built environment and limit the City's choices in the exercise of its land use authority, thereby thwarting the Comprehensive Plan Update process and impairing the City's ability to reach a reasoned policy approach related to industrial land capacity, determining where, if anywhere, designation of mineral resource lands would be appropriate, and determining what the City's long-term goals and policies are with regard to mining and mining site operation; and WHEREAS, a moratorium on mining and mineral product manufacturing will maintain the status quo by prohibiting issuance of City permits and licenses for new mining operations beyond those presently vested while the City undertakes development and completion of its Comprehensive Plan Update, including giving due consideration to the determination of where, if anywhere, designation of mineral resource lands may be appropriate and determining what the City's long-term goals are with regard to mining and mining site operations within its jurisdictional limits; and WHEREAS, on February 24, 2015, the City Council adopted Ordinance No. 15-005, imposing and establishing a moratorium on submission, acceptance, processing, modification or approval of any Ordinance 15-013 Page 2 of 5 DRAFT permit applications or licenses by or for mining and/or related mining site operations, such as excavation, mineral product manufacturing,mineral processing, stockpiling, and mineral batching; and WHEREAS, pursuant to Section 4 of Ordinance No. 15-005,the City Council set March 24, 2015 at 6:00 p.m. at City Hall as the date,time and location for a public hearing on the moratorium; and WHEREAS, on March 6, 2015, a summary of Ordinance No. 15-005 was published in the Valley News Herald, the City's newspaper of general circulation, which summary included the statement "Section 4 sets March 24,2015 as the date for a public hearing"; and WHEREAS, there were articles regarding the moratorium and pending public hearing prior to the public hearing that were published in local newspapers that included reference to the public hearing on the moratorium; and WHEREAS, the agenda for the meeting on March 24, 2015, which included reference to the public hearing on the moratorium, was posted on the City's website and provided to members of the City's agenda packet distribution list via email in advance of March 24,2015; and WHEREAS, on March 24, 2015, the City Council conducted a public hearing on the moratorium imposed and established pursuant to Ordinance No. 15-005 and received written testimony from two interested parties and six interested parties spoke at the public hearing; and WHEREAS, on April 28, 2015, after giving due consideration to the public testimony received, the City Council adopted Ordinance No. 15-009 adopting findings of fact justifying the moratorium on mining established pursuant to Ordinance No. 15-005; and WHEREAS, though public information and notice was provided of the public hearing, there was no formal publication of notice of the public hearing in the City's official newspaper as is the City's practice; and WHEREAS, repeal of Ordinance No. 15-005 and Ordinance No. 15-009 and re-establishment of an emergency moratorium on mining and/or related mining site operations with a new public hearing preceded by new and more broadly disseminated public notice is appropriate to ensure full notice and opportunity for interested parties to provide comments on the moratorium; and WHEREAS, the City Council finds that the moratorium imposed and established by this Ordinance is necessary for the immediate preservation of the public health, public safety, public property and public peace. NOW, THEREFORE,the City Council of the City of Spokane Valley ordains as follows: Section 1. Preliminary Findings. The City Council hereby adopts the above recitals as findings of fact in support of this Ordinance. Section 2. Moratorium Established. A. The City Council hereby declares an emergency and imposes a moratorium upon the submission, acceptance, processing, modification or approval of any permit applications or licenses by or for mining and/or related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching. Ordinance 15-013 Page 3 of 5 DRAFT B. Nothing herein shall affect the processing or consideration of any existing and already- submitted complete land-use or building permit applications that may be subject to vested rights as provided under Washington law. C. This 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 operation as of the effective date of this Ordinance. Section 3. Work Plan. The following work plan is adopted to address the issues involving the City's consideration and regulation of mining: A. The City of Spokane Valley Planning Commission ("Planning Commission") is hereby authorized and directed to hold public hearings and public meetings to fully receive and consider statements, testimony, positions, and other documentation or evidence related to the public health, safety, and welfare aspects of mining uses. Specifically, the Planning Commission shall consider mining in its consideration and deliberations for the City's 2015 Comprehensive Plan Update and shall develop proposals for mining and mining site operations within the City's 2015 Comprehensive Plan Update to be forwarded and recommended to the City Council for its consideration. The schedule for the City's 2015 Comprehensive Plan Update process is included in the City's Public Participation Program, adopted by the City Council on January 6, 2015, which identifies phases of the Comprehensive Plan Update process and anticipated meeting dates relevant to each of the phases. B. Upon adoption of the City's 2015 Comprehensive Plan Update,the Planning Commission shall work with City staff and the citizens of the City, as well as all public input received, to develop proposals for regulations pertaining to mining and mining site operations to be forwarded and recommended to the City Council for its consideration. Section 4. Public Hearing. Pursuant to RCW 35A.63.220 and 36.70A.390,the City Council shall conduct a public hearing on July 28, 2015 at 6:00 p.m., or as soon thereafter as the matter may be heard, at the City of Spokane Valley City Hall, City Council Chambers, 11707 East Sprague, Spokane Valley, 99206,to hear and consider the comments and testimony of those wishing to speak at such public hearing regarding the moratorium set forth in this Ordinance. Section 5. Duration. The moratorium set forth in this Ordinance shall be in effect as of the date of this Ordinance and shall continue in effect until 11:59 p.m. on February 23, 2016, unless repealed, extended, or modified by the City Council after subsequent public hearing(s) and entry of appropriate findings of fact, pursuant to RCW 35A.63.220 and RCW 36.70A.390. Section 6. Ratification. Any act consistent with the authority set forth herein and prior to the effective date of this Ordinance is hereby ratified and affirmed. Section 7. Repeal. Ordinance No. 15-005 and Ordinance No. 15-009 are hereby repealed in their entirety and shall be without any force or effect as of the effective date of this Ordinance as set forth in Section 9 below. Section 8. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 9. Declaration of Emergency., Effective Date. This Ordinance is designated as a public emergency necessary for the protection of public health, safety, and welfare and therefore shall take effect immediately upon adoption by the City Council. Ordinance 15-013 Page 4 of 5 DRAFT Passed by the City Council this 30th day of June,2015. Dean Grafos,Mayor ATTEST: City Clerk, Christine Bainbridge Approved as to Form: Date of Publication: Office of the City Attorney Effective Date: June 30, 2015 Ordinance 15-013 Page 5 of 5 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 t From: Chris Bainbridge, City Clerk Oily Date: June 29, 2015 Re: Public Comments from Donna Blomberg, regarding CAR, Mobile Home Court The attached photos are from Donna Blomberg, which she gave me to distribute to Council during the June 30, 2015 Council meeting. I --- -...- I op - _ / - -- I - III SALON ,, •„. _ _ .....,, 1 , _ VOGUE 6 - _ , i i. t 1 0 1, '. '' Il I I I 0 1 I 1\ I 77"AllMilv / 1 1 ' I ,, e. = wt.• AN EVENT CENTER FOR ALL OCCASIONS : www.mylabellevie.com 509.953.7018 I i I 11111M1111111 1 . I .. SALO\NOCI.I. 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I . ••• A .•... . , A • 4• ... ........_____ ..4,_ - _ - " -_ -- -- -----N _ ...• _ -__ ,.•,.,,,,ie....„ ( ... • „•••... ...... . ... .... . . .,........ .. ... . ... • .. , . , . . 41 . . .-- ••••••--- 14.. / s ..' ,. . -......• ' .-, - - : ....,-- -.'-........ ' .... , lassaii F., . ''--,,,. .''itit — V• • • '''''—‘ — 71.,. --':. --14.;. ' . '-• "qt: -.-- , .,,.,. _1 2,..2 i ;...... 1.- '....... till" - 1 - " , ,tor --... , --''''--"i ----- -_——_—_-- ---_--. --------____ --.____-----_ -:- _., vca.cnww ."-r� cv. . 1.1 ••a.a.n...J.ay.I •v......+ OPhlucl* ith9eif3JclrliPPle proposal fix Nina Culver The Spokesman-Rewe:: Print Email Tweet 0 Recommend ' 0 Tags:Dennis Crapo Diamond Rock Construction Fourth Avenue Townhomes Mike Dempsey Shelley Lake Residents in the Shelley Lake neighborhood got an early Christmas present in their stockings this week when the • Spokane Valley hearing examiner agreed with their concerns about a proposed new development next door. Hearing examiner Mike Dempsey ruled that developer Dennis Crapo of Diamond Rock Construction must"correct" the proposed plat to make it comply with a development agreement that Crapo negotiated with Spokane Valley in Map data @2015 Goagle 2009.The agreement was made after neighbors complained about plans to rezone the site to multi-family residential and build an apartment complex. "The preliminary plat fails to comply with the provision in the agreement that requires the housing constructed in the east 120 feet of the site to be set back 40 feet from the east property line," Dempsey wrote in his decision. The Fourth Avenue Townhomes project at 15818 E.Fourth Ave.,was proposed to include 41 townhomes on a 3.77-acre parcel on the south side of Fourth Avenue.The proposed plat did comply with other areas of the agreement,including limiting the building height to 35 feet on the east 120 feet of the site. During a recent public hearing Todd Whipple of Whipple Consulting Engineers argued that the agreement did not apply because it was written for multi-family housing and townhomes are considered single-family residences because they are individually owned.Several neighbors said the proposed units were too close to their backyards and said they felt the developer had misled them and used"bait and switch"tactics. Dempsey wrote that the agreement was intended to apply to the town house units"regardless of their technical definition under the Spokane Valley Municipal Code as town house dwellings,a type of single-family dwelling." The project also doesn't appear to comply with a section of city code that requires 10 percent of the gross area of a development zoned multi-family residential to be set aside as open space, Dempsey wrote. Resident Bob Harris,president of the Shelley Lake Homeowners Association,said he was relieved by Dempsey's decision."We feel vindicated,"he said."We're hoping that we can arrive at what we originally wanted,which was a transition area between R2 housing and high density multi-family.' "By golly,that's wonderful news,"said Shelley Lake resident Bill Martin,who testified against the proposed project at the hearing. Dempsey wrote that the developer also has the option of trying to get the Spokane Valley City Council to agree to amend the development agreement.Crapo can also appeal Dempsey's decision in Spokane County Superior Court Whipple said Crapo has not yet decided how to proceed."We've got the decision and we're reviewing it,"he said."Right now I don't have any comment." http://www.spokesman.com/stories/2011/dec/24/examiner-orders-townhome-proposal-fix/ 6/30/2015 k • `L.;, l ..fes" - \'`'Z`+x• . 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