Agenda 04/22/2010 sjioii '
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Spokane Valley Planning Commission Agenda
City Hall Council Chambers, 11707 E. Sprague Ave.
April 22, 6:00 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. APPROVAL OF AGENDA
V. APPROVAL OF MINUTES: Minutes from Dec-10-2009, Jan 14,
2010, Jan 28, 2010, Feb 11, 2010, Feb 25, 2010
VI. PUBLIC COMMENT: On any subject that is not on the agenda
VII. COMMISSION REPORTS
VIII. ADMINISTRATIVE REPORT
IX. COMMISSION BUSINESS
OLD BUSINESS:
NEW BUSINESS:PUBLIC HEARING—SHORELINE MASTER PROGRAM—
PUBLIC REVIEW DRAFT—SHORELINE INVENTORY AND
CHARACTERIZATION REPORT: SR. PLANNER SCOTT
KUHTA, ASSOCIATE PLANNER LORI BARLOW
STUDY SESSION—CTA-02-10 CODE AMENDMENT—
MISCELLANEOUS, ASSOCIATE PLANNER LORI BARLOW
X. FOR THE GOOD OF THE ORDER
M. ADJOURNMENT
COMMISSIONERS CITY STAFF
JOHN G.CARROLL,CHAIR KATHY MCCLUNG,CD DIRECTOR
CRAIG EGGLESTON GREG MCCORMICK,PLANNING MGR,AICP
RUSTIN HALL SCOTT KUHTA,SR.LONG RANGE PLANNER,AICP
JOE MANN MIKE BASINGER,SENIOR PLANNER,AICP
CITY OF SPOKANE VALLEY
Request for Planning Commission Review
Meeting Date: April 15, 2010
Item: Check all that apply: ❑ consent ❑ old business ❑ new business
❑ public hearing ® information ❑ admin. report ❑ pending legislation
FILE NUMBER: CTA-02-10
AGENDA ITEM TITLE: Study Session —Amendment to Spokane Valley Municipal
Code (SVMC)
DESCRIPTION OF PROPOSAL: A city initiated text amendment proposing
amendments or additions to Chapters 17.20 and 21.40, Section 21.30.020, and
Appendix A of the Spokane Valley Municipal Code (SVMC) to clarify developer's
responsibilities, provide a reasonable use exception for properties affected by critical
areas, recognize the 2010 Flood Insurance Study as the basis for establishing areas of
special flood hazard, and modify the definition of "kennels".
GOVERNING LEGISLATION: SVMC 19.30.040 development regulation text
amendments.
PREVIOUS ACTION TAKEN: February 2, 2010 Administrative Report from Cary
Driskell, Deputy City Attorney to City Council regarding Kennel definition. Council
referred the matter to the Planning Commission for a recommendation.
BACKGROUND: Amendments to SVMC Chapters 17.20 and 21.40 are proposed as a
result of the WA Cities Insurance Authority 2009 Annual Review and Audit comments.
During the review the Auditor recommended that the critical areas ordinance be
amended to include a reasonable use provision to limit the cities land use liability
exposure. The review also recommended that the code contain language granting
immunity to employees performing discretionary functions. After discussion and review
of the comments language has been drafted to address both situations with additions to
the code. The draft language is attached for your review.
The amendment to the Kennel definition is an effort to make the City's "Kennel"
definition consistent with the County's "Kennel" definition. The amendment would
reduce the number of cats or dogs allowed in the city without a kennel license from 5 to
4. The Code discrepancy was brought to the City's attention by Nancy Hill, Director of
SCRAPS. The City contracts with SCRAPS to provide animal control. The change in
definition is being proposed for ease of enforcement by the SCRAPS Enforcement
Officers. The draft language is attached for your review.
RPCA Study Session for CTA-02-10 1 of 2
The purpose of the amendment to Section 21.30.020, Basis For Establishing Areas of
Special Flood Hazard, is to utilize the July 6, 2010 Flood Insurance Study for Spokane
County, Washington and Incorporated Areas, as the basis for identifying the flood
hazard areas. Revised Flood Insurance Rate Maps are a part of the report. The
revised Maps will become effective in July 2010. The code amendment allows the city
to utilize the most current flood hazard information which corrects the identification of
certain flood hazard areas within the city. Draft language is attached for your review.
APPROVAL CRITERIA: Section 17.80.150(6) of the Spokane Valley Municipal Code
provides approval criteria for text amendments to the Spokane Valley Municipal Code.
The criterion stipulates that the proposed amendment(s) must be consistent with the
applicable provisions of the Comprehensive Plan and bear a substantial relation to the
public health, safety, welfare, and protection of the environment.
RECOMMENDED ACTION OR MOTION: No action recommended at this time. The
Planning Commission will conduct a public hearing and consider the proposed
amendments on May 13, 2010.
STAFF CONTACT:
Lori Barlow, AICP, Associate Planner
ATTACHMENTS:
Exhibit 1: Draft Amendments
RPCA Study Session for CTA-02-10 2 of 2
Chapter 21.40
CRITICAL AREAS
Sections:
21.40.010 Purpose.
21.40.020 Wetlands.
21.40.030 Fish and wildlife habitat conservation areas.
21.40.040 Adjustment of habitat buffer areas.
21.40.050 Geologically hazardous areas.
21.40.060 Critical aquifer recharge areas.
21.40.070 Reasonable use determination
21.40.070 Reasonable use determination.
A. The standards and regulations of this section are not intended, and shall not be construed or
applied in a manner,to deny all reasonable economic use of private property. If an applicant
demonstrates to the satisfaction of the City of Spokane Valley that strict application of the standards of
the ordinance would deny all reasonable use of their property, development may be permitted subject
to appropriate conditions, derived from this chapter, as determined by the Community Development
Director.
B. An applicant for relief from strict application of these standards shall demonstrate the following:
1. That no reasonable use with less impact on the critical area and buffer or setback is
feasible and reasonable; and
2. That there is no feasible and reasonable on-site alternative to the activities proposed,
considering possible changes in site layout, reductions in density and similar factors; and
3. That the proposed activities, as conditioned, will result in the minimum possible impacts
to critical area and buffer or setback; and
4. That all reasonable mitigation measures have been implemented or assured; and
5. That the inability to derive reasonable economic use is not the result of the applicant's
actions.
C. Decision.
The Director shall include findings on each of the evaluation criteria listed above in a written decision.
The written decision shall be mailed to the applicant and adjacent property owners, including property
owners across public rights of way or private easements. The written decision shall include conditions
necessary to serve the purposes of the ordinance.
D. Process.
A reasonable use determination is classified as a Type I permit and shall be processed pursuant to SVMC
17.80.070.
Exhibit 1—Draft CTA 02-10 Language
April 22, 2010
Page 1
Chapter 17.20
PURPOSE
Sections:
17.20.010 General.
17.20.020 Liability
17.20.010 General.
These regulations have been established in accordance with the Comprehensive Plan for the purpose of
promoting the health, safety,general welfare and protection of the environment of the City.They have
been designed to reduce traffic congestion; to reduce the threat of fire, panic and other dangers;to
provide adequate light and air; to prevent the overcrowding of land;to avoid undue concentration of
population;to facilitate the adequate provision of transportation, water, sewerage, schools, parks and
other public requirements;to safeguard community character; to encourage land uses in areas suitable
for particular uses; to conserve the value of property; and to encourage the most appropriate use of
land throughout the City. (Ord. 07-015 § 4, 2007).
17.20.020 Liability
This title shall not be construed to relieve or lessen the responsibility of a person owning, building,
altering, constructing, or moving a building or structure, or developing a parcel or parcels of property as
defined in the Uniform Development Code, nor shall the city or an agent thereof be held as assuming
such liability by reason of inspection authorized in this title or a certificate of inspection issued by the
city or any of its agencies.
Exhibit 1—Draft CTA 02-10 Language
April 22, 2010
Page 2
Appendix A
DEFINITIONS
A. General Provisions.
1. For the purpose of this code, certain words and terms are herein defined.The word "shall" is always
mandatory.The word "may" is permissive, subject to the judgment of the person administering the
code.
2.Words not defined herein shall be construed as defined in Webster's New Collegiate Dictionary.
3.The present tense includes the future, and the future the present.
4.The singular number includes the plural and the plural the singular.
5. Use of male designations shall also include female.
B. Definitions.
Kennel:An establishment or place, other than an animal or veterinary hospital or clinic or animal
shelter,where five s+x or more dogs or five six or more cats, or any combination thereof, over six months
of age are housed, groomed, bred, boarded,trained or sold commercially or as pets.
Exhibit 1—Draft CTA 02-10 Language
April 22, 2010
Page 3
Chapter 21.30
FLOODPLAIN REGULATIONS
Sections:
21.30.010 Purpose and applicability.
21.30.020 Basis for establishing areas of special flood hazard.
21.30.030 Compliance and enforcement.
21.30.040 Abrogation and greater restrictions.
21.30.050 Interpretation.
21.30.060 Warning and disclaimer of liability.
21.30.070 Administration.
21.30.080 Variances.
21.30.090 Provisions for flood hazard reduction.
21.30.100 Additional requirements.
21.30.110 Critical facilities.
21.30.010 Purpose and applicability.
The provisions of this chapter shall apply to all areas of special flood hazards within the jurisdiction of
Spokane Valley,Washington, and shall be administered in conformance with the National Flood
Insurance Act, as amended (codified in 44 CFR 60) and "A Summary of NFIP Policy for Local Officials,"
FEMA Region 10 Mitigation Division,July 2001. (Ord. 07-015 §4, 2007).
21.30.020 Basis for establishing areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and
engineering report entitled "The Flood Insurance Study Spokane County, Washington and Incorporated
Areas" dated May 17, 1983 July 06, 2010, and any revisions thereto,with an accompanying Flood
Insurance Rate Map (FIRM), and any revisions thereto, are hereby adopted by reference and declared to
be a part of this chapter.The Flood Insurance Study and the FIRM are on file at the office of the Spokane
Valley floodplain administrator. (Ord. 07-015 §4, 2007).
Exhibit 1—Draft CTA 02-10 Language
April 22, 2010
Page 4