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.
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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.
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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
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