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Agenda 05/25/2006 SPOKANE VALLEY PLANNING COMMISSION AGENDA Council Chambers -City Hall 11707 E. Sprague Avenue May 25, 2006 6:00 to 9:00 pm I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES VI. PUBLIC COMMENT VII. COMMISSION REPORTS VIII. ADMINISTRATIVE REPORT IX. COMMISSION BUSINESS New Business — Public Hearing - Street Vacation STV-01-06, portion of Indiana Ave. located SW from Mirabeau Parkway and Indiana Ave (after re-direction). Land Use Application Process/Procedures — Discussion Old Business — Rules of Procedure —Annual Update Exterior Lighting — Discussion X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT COMMISSIONERS CITY STAFF Gail Kogle, Chair Marina Sukup, AICP Robert Blum, Vice-Chair Greg McCormick, AICP Fred Beaulac Scott Kuhta, AICP John G. Carroll Mike Basinger, Assoc Planner David Crosby Cary Driskell, Deputy City Attorney Ian Robertson Deanna Griffith, Admin Assistant Marcia Sands www.spokanevalley.org CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: May 25,2006 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ®new business ®public hearing ❑ information ❑ admin.report ❑ pending legislation AGENDA ITEM TITLE: Public Hearing. Right-of-Way Vacation Request STV-01-06 for a portion of Old Indiana Avenue to be vacated. PREVIOUS ACTION TAKEN: City Council adopted Resolution No. 06-006 on April 25, 2006 setting the date for a public hearing. II if 1� J� ------I ---Park& Ride =-- .- I I Parcel No.45104.9020 =a– -_ _— _ --- / {{{ _ _ --'� - I ._ —Parcel No.45104 9036 T`=" - , _ ---1-----1_� 1 ,:i'.:-..4F t — '� ---^,-�� _. Parcel No.45104.9034 - ~ - ___ __ Area to be vacated ' — —" '"' ��- WSDOT Stormwater treatment area r �- Parcels abutting ROW to be vacated BACKGROUND: The applicant Brandon Reece, Wireless Connections, LLC; PO Box 22189, Milwaukie, Oregon 97269 requests the vacation of a portion of Old Indiana Avenue. This section of Old Indiana Avenue (south of Indiana Avenue and north of Interstate 90) is located between properties (Parcel Nos. 45104.9020, 45104.9034 & 45104.9036) owned by Wireless Communications, LLC. Washington State Department of Transportation has an access restricted, fenced stormwater treatment area directly east of the proposed street vacation which precludes any potential access or future street vacations to the east on Old Indiana Avenue. Please reference aerial photo from 2005 shown above. FINDINGS: The Planning Commission must make findings on the following as part of their recommendation to City Council: 1. Whether a change of use or vacation of the street or alley will better serve the public; 2. Whether the street or alley is no longer required for public use or public access; 3. Whether the substitution of a new and different public way would be more useful to the public; 4. Whether conditions may change in the future as to provide a greater use or need than presently exists; and 5. Objections to the proposed vacation made by owners of private property (exclusive of petitioners)abutting the street or alley or other governmental agencies or members of the general public. OPTION: Recommend approval,approve with conditions, or recommend denial. RECOMMENDATION: Approval subject to filing a record of survey which includes reservation of all utility easements, execution by the City of a Quit Claim deed to entitled property owners, and placement of monuments in accordance with the Spokane County Standards for Road and Sewer Construction. STAFF CONTACT: Karen Kendall,Assistant Planner ATTACIIMENTS: Exhibit 1: Staff Report Exhibit 2: Findings and Recommendations of the CSV Planning Commission Exhibit 3: Street Vacation Application with Written Narrative Exhibit 4: Comments from Staff,Agencies and Utility Providers Department of Community Development �, . Spokane jValle Planning Division :� Staff Report and Recommendations to the Planning Commission STV-01-06 Project Description: The request is to vacate a portion of Old Indiana Avenue (south of Indiana Avenue and north of Interstate 90) located between properties (Parcel Nos. 45104.9020, 45104.9034 &45104.9036) owned by Wireless Communications, LLC (the applicant). The applicant is requesting to vacate this area for the purposes of extending their parking lot for employees and customers. May 25,2006 Staff Report and Recommendations to the Planning Commission for STV-01-06 Spo . Department of Community Development kane . Malle- Planning Division Application Processing O Application Submittal=January 18, 2006 O Determination of Complete Application=April 7, 2006 O Setting of Public Hearing Date=April 25, 2006 O Published Notice of Public Hearing=May 5, 2006 O Mailed and Posted Notice of Public Hearing=May 5, 2006 May 25,2006 Staff Report and Recommendations to the Planning Commission for STV-01-06 1 Eig 11 Sliiikan�~ _ Department of Community Development ii Planning Division m Vicinity Map `�Htiori Area i ROW ' dedication ... . aF:,i 4_ . ip--- I 1 I am---- __ 141 .:•• — •4 ctvr si1' 7 Ell . 4 � ��i1talirA' •�� �` "��"iiii ` F rirr INUttoi W . i • a� �MI gill MILIIM37.41 _ I -,r.i km WIF M l _ nr..t .� I ,a1 3R?t.,_ rilfigtilitallEn _y 1■ '411 III` WIG ^'-t.- � 4r I:��nneM ���rrl� a....rini:l Man 25,2006 Staff Report and Recommendations to the Planning Commission for STV-0l-06 �/� Department of Community Development Spokane - �l�ailey Planning Division 1,.. Existing Conditions ,---''- Indiana -rj_______________.----""- _ _ Parcel No.45104.9020 _ --" ...'-'''\ . —;}pv; r* Area of - - . _ ., --q-----___ ROW oid liana - 4• dedication Avenue _ ___ 90' ,r<, 120' s . ' Dia 4.9963 4.4734 : 4t�T F 4.9065 4.6062 __ •.AParcel No.45104.9036 __�__ KO _ Parcel No.45104.9034 !1 May 25.2006 Staff Report and Recommendations to the Planning Commission for STV-0 l-06 2 ���...--^.. Department of Community Development ' .......0 Valle) Planning Division w mo "`.. __ - --.-- - _ 2005 Aerial Phot© c ' - -5 ..-- ,- , J =- t.l.-�9 t tU Parcel No 451049020 a _ _ I '' ;III Parcel Na 45104.9036 ' ParcelNo.45104 9034 — -- -----•--^ 1W-1 - Area to be vacated -- WSDOT Stormwater treatment area Parcels abutting ROW to be vacated May 25.2006 Staff Report and Recommendations to the Planning Commission for STV-01-06 Spd �� Department of Community Development __ j�.11k} fir Planning Division Facing SOUTH across Indiana Avenue I!!111111h11: Masi 25.2006 Staff Report and Recommendations to the Planning Commission for STV-01-06 3 spe� Department of Community Development Planning Division Facing EAST showing intersection of Indiana and Old Indiana Avenue Day Wireless Approximate location Building of RO\V vacation t T ...... r ..,••, —' ne ice ` ° ,, 1tr' r atana Aven ►n Old Indian.k... e May 25.2006 Staff Report and Recommendations to the Planning Commission for STV-0I-06 /� Department of Community Development -^ Sliokane j Vis• Planning Division as , ,4 Facing WEST on Old Indiana Avenue Day Wireless Building t 1 • _. _.........e. .r ,,,_ . ;. ya.;a:4::.. ~— uao u..: ra ni•at /a1u/aa .h ...aa./a I p� 1' �aneraltann' a OY= '=w. 0,mua 11/:C wa. /..�a.a.. m t _ :aJ.IHaII/aaa1../a.aM.Na.a/1.aa.aaMaala'a1/a Y.il1.a May 25,2006 Staff Report and Recommendations to the Planning Commission for STV-01-06 4 jl S....0 ; Department of Community Development Villa Planning Division Facing EAST on Old Indiana Avenue Fenced area at east end of Street which is the location of the WSDOT Stormwater Treatment Pond Day 4 Wireless Building • r:4'• a — 1.•..1-- . _ . .. .. •— _.fit 1.. LHsl..a., May 25.2006 Staff Report and Recommendations to the Planning Commission for STV-0l-06 , _��� Department of Community Development • �jvaticL. Planning Division Facing EAST at WSDOT Stormwater Pond 1-90 • May 25.2006 Staff Report and Recommendations to the Planning Commission for STV-01-06 5 /\ ' Department of Community Development jValle Planning Division �. Facing WEST 7 ,. ,. • tr�: Day Wireless ,.,. •. . L ..• ! . 1-90 - Building I 19 ii, „ 1 µ-:t �li -.... . Approximate area of old railroad property dedicated to Spokane County and named Old Indiana Avenue located between 1-90 and parcels fronting on Indiana Avenue. \la<25.2006 Staff Report and Recommendations to the Planning Commission for STV-01-06 Spiikanc � Department of Community Development jV'alleerrisiffir. Planning Division Findings & Conclusions: O The Public Works Department submitted comments which analyzed the need of Old Indiana Avenue for future use and responded by specifying the requested portion is no longer required for public use or public access subject to recommended conditions. O Given the present age and condition of adjacent development, it is unlikely that conditions will change in the future to provide a greater use or need than presently exists; and O No objections were received as of May 18, 2006 regarding the proposed vacation from the notice of public hearing and/or routing to staff and agencies. May 25.2006 Staff Report and Recommendations to the Planning Commission for STV-01-06 6 Spol;a�ix\-- Department of Community Development -•••""al. ..wirmor., Planning Division Interim Zoning Map 4-- RR-10 1.2 EXISTING 1.2 �— 1,2 1.2 1-2 1.2 May 25.2006 Staff Report and Recommendations to the Planning Commission for STV-01-06 kar Department of Community Development j"al Planning Division .;,,, Staff's Recommendation STV-01-06= Recommends CONDITIONAL APPROVAL to the City Council \tart 25.2006 Staff Report and Recommendations to the Planning Commission for STV-0I-06 7 *an Department of Community Development j�al �� __T_- Planning Division , Existing Conditions 10.0 Parcel No.45104.9020 ---- -` Area of It.,'' 4.9020 �� ROM' !)!d Indiana ave �"'' / dedication - ''- 90 nuc P I ,..x .rs.r --- 120' 'w`X !- g 4.9064 • ' -' 4.41)4 4 tX 4.9065 4.0062 .. - . Parcel No.45104.9036 toe, . Parcel No.45104.9034 \tav 25,2006 Staff Report and Recommendations to the Planning Commission for STV-0l-06 8 EXHIBIT 1 Spokane STAFF REPORT Valley PROPOSED VACATION OF A PORTION OF OLD INDIANA AVENUE J Prepared by: Karen Kendall,Assistant Planner,Department of Community Development Date: May 18,2006 Findings: 1. Abutting Properties-The right-of-way proposed for vacation is located north of Interstate 90 and south of Indiana Avenue. There is no record of a street vacation for any portion of Old Indiana Avenue by Spokane County in this area. The area was old railroad right-of-way given to Spokane County. The portion of Old Indiana Avenue proposed to be vacated is bordered on the north and south by Wireless Connections,LLC who's requesting the proposed action. 2. Utilities- A twenty(20)foot easement will be reserved for Consolidated Irrigation District. Other easements may also be required for existing or future utilities including Washington State Department of Transportation, Spokane County Utilities Division,Avista,Comcast, and Qwest. The location of these easements is a requirement of the record of survey. 3. Access- Old Indiana Avenue's pavement stops approximately 370 feet southeast from the intersection of Indiana Avenue and Old Indiana Avenue. The three(3)existing parcels abutting the proposed right-of-way vacation area all have access onto Old Indiana Avenue. As a recommended condition the City's Public Works Department is requiring access be restricted to Indiana Avenue from Parcel Nos.45104.9020,45104.9034&45104.9036. 4. Zoning- Zoning abutting the north side of Old Indiana Avenue is Community Business(B-2) and property abutting to the south is zoned Light Industrial(1-2). The three parcels which abut the proposed street vacation are in the City's Comprehensive Plan Designation as Regional Commercial. 5. Transportation- Existing fenced stormwater treatment facility used by Washington State Department of Transportation precludes the possibility of extending access further east along Old Indiana Avenue to the east. The existing parcels abutting the proposed area as well as adjacent parcels have access onto Old Indiana Avenue. 6. Condition- The proposed portion of Old Indiana Avenue is improved with only asphalt. The size, access and condition of the property preclude use by the City. 7. Assignment of Vacated portions of right-of-way- Absent objections from abutting properties owners,right-of-way should be assigned to the petitioners, inasmuch as it appears that any portion of the right-of-way to which they would lay claim will be transferred to them through completion and a positive approval of the vacation. Abutting property owners have received notice of the proposed vacation. Conclusions: 1. The vacation of the street/alley will permit full development of the property for beneficial uses and permit appropriate levels of maintenance. 2. The Public Works Department submitted comments which analyzed the need of Old Indiana Avenue for future use and responded by specifying the requested portion is no longer required for public use or public access subject to recommended conditions. 3. Given the present age and condition of adjacent development, it is unlikely that conditions will change in the future to provide a greater use or need than presently exists; and 4. No objections have been received to the proposed vacation from the notice of public hearing and/or routing to staff and agencies. EXHIBIT 2 FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION May 25,2006 Findings. 1. The Planning Commission held a public hearing on May 25,2006 to receive testimony concerning the vacation of a portion of Old Indiana Avenue located north of Interstate 90 and south of Indiana Avenue. The date of the hearing was set by City Council on April 25,2006 by Spokane Valley Resolution No. 06-006. Notice of the hearing was published on May 5,20006 in the Valley Herald,the official newspaper of the City,was posted in three conspicuous locations within the City,was provided to the petitioners and abutting property owners, and a sign was placed on the property providing notice of the hearing also completed on May 5, 2006. 2. The Planning Commission reviewed the report prepared by the Spokane Valley Community Development Department in detail. 3. The vacation of the street/alley will permit full development of the property for beneficial uses and permit appropriate levels of maintenance. 4. The Public Works Department submitted comments which analyzed the need of Old Indiana Avenue for future use and responded by specifying the requested portion is no longer required for public use or public access subject to recommended conditions. 5. Given the present age and condition of adjacent development, it is unlikely that conditions will change in the future to provide a greater use or need than presently exists; and 6. No objections have been received to the proposed vacation from the notice of public hearing and/or routing to staff and agencies. Conclusions. The Spokane Valley Planning Commission therefore recommends to the City Council the portion of Old Indiana Avenue located north of Interstate 90 and south of Indiana Avenue be vacated to the petitioners subject to: 1. Following the City Council's passage of the ordinance approving the proposal to vacate the street or alley, a record of survey of the area to be vacated,prepared by a registered surveyor in the State of Washington and including an exact metes and bounds legal description,and specifying if applicable any and all easements for construction,repair and maintenance of existing and future utilities and services, shall be submitted by the proponent to the Director. The record of survey shall contain the professional stamp and signature of the registered surveyor and filed upon completion with the Spokane County Auditor.The surveyor shall provide the City of Spokane Valley with a mylar copy of the recorded survey and the Auditor's Document Number and date of recordation. 2. The surveyor shall locate at least two monuments on the centerline of the vacated right-of-way with one located at the intersection of the centerline of the vacated right-of-way with each street or right-of-way in accordance with the standards established by the Spokane County Standards for Road and Sewer Construction. 3. All necessary easements required by Consolidated Irrigation District,Washington State Department of Transportation, Spokane County Division of Utilities,Avista, Quest and Comcast shall be shown on the record of survey and written documentation from all utility companies is required to be submitted to the Community Development Director,or designee verifying all easements have been indicated. 4. Access to Parcel Nos.45104.9020,45104.9034&45104.9036 shall only be from Old Indiana Avenue. No access is granted to the improved 5-lane Indiana Avenue for the above parcels. 5. All direct and indirect costs of title transfer of the vacated street or alley from public to private ownership including but not limited to title company charges,copying fees, and recording fees are to be borne by the proponent. The City will not assume any financial responsibility for any direct or indirect costs for the transfer of title. 6. The zoning district designation of the properties adjoining each side of the street or alley to be vacated shall be automatically extended to the center of such vacation,and all area shall included in the vacation shall then and henceforth be subject to all regulations of the extended districts. The adopting ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. 7. A certified copy of the ordinance vacating a street or alley or part thereof shall be recorded by the city clerk in the office of the Spokane County auditor. 8. All conditions of city council authorization shall be fully satisfied prior to any transfer of title by the City. Approved this 25h day of May,2006 Gail Kogle,Chairman ATTEST Deanna Griffith,Administrative Assistant EXHIBIT 3 c;-- CITY OF SPOKAF" '(ALLEY - r Sufi Use Only) .;.•& ne Community Develc,, .ient. Department 1 r .� Tom,. Current Planning Division DATE SUBMITTED: IU/^'�(i RECEIVED BY: 11707 East Sprague Avenue, Suite 106 FILE NO./NAME: / Spokane Valley, WA 99206 • Tel: (509) 921-1000 C ---1V -t "O p Fax: (509) 921-1008I l//- )T) planning(aspokanevalley.oro CURRENT PLANNING FEE: f �' ENGINEERING FEE: ---IC-=--- r STREET VACATION APPLICATION PECEVED JAN 1 ii 2riori PART I—APPLICATION INFORMATION SPOKANE VALLEY PROJECT INPORI6IATION: DEPARTMENT OF O'ONi`UNITY DEVELOPMENT Name of Public Street Proposed for Vacation: c....414- I i ark� ue Section/ Township/Range of Public Street Proposed for Vacation: '510 T 9t6 9-114 Area(Square Feet) of Public Street to be Vacated: (c)I 2)(1, - Sb/Q-�.. Dimensions of Public Street to be Vacated: 3t wide 1SC deep Street Address/Tax Parcel No of Abutting Property#1: 13 aJ a -SkctictAc. Rue_ S reet Address/Tax Parcel No of Abutting Property#2: a.rc.e1 * L 6 f 1H . 9 rba-06 Zoning Designation of Abutting Property#1: --L- k- -Lk&-k,(- ici Zoning Designation of Abutting Property#2: Q-(9- o A-a-Puurk-A-y 2 L s;(NeSS Previous Land Use Action, If Applicable(state Project File No. & Name: APPLICANT/OWNER INFORMATION*: Please note: - Submit on a separate sheet of paper the required applicant/owner information specified below if there are more than two (2) applicants submitting for the Street Vacation. Applicants must be the same as property owners specified on the current Spokane County Assessor's Office parcel records. ABUTTING PROPERTY OWNER No. 1: APPLICANT NAME: \-0z c`e,l e,55 Ch,1\t�C--)DevS LL.(_.... ( 6-(7 Do MAILING ADDRESS: cl.o. X 1 B9 CITY: `` 'n-c\` STATE: (Dr- ZIP: 97 a0 / PHONE: (HOME/" O> S6.5)669-}ACL(FAX)(303) q - 3774 (CELL) Please Circle *PLEASE NOTE: Per RCW 35.79.040 (Title to Vacated Street or Alley)the property within a public street or alley vacated by the City Council shall belong to the abutting property owners, one-half to each. Therefore, if there is more than one property owner abutting the public street or alley proposed for vacation, each property owner shall be required to sign the street vacation application. Revised 12/28/2005 ABUTTING PROPERTY OWNER NO. 2: APPLICANT NAME: Gbr[Icor` MAILING ADDRESS: CID . C3E)Y• oat of CITY: V\i\ jj,� STATE:U , © r ZIP: Vag? PHONE: (HOME/ O (5:13)Y4'l (FAX)(6 )\ 77 1 317`(r (CELL) Please ircle PART II—EVALUATION CRITERIA The following is criteria evaluated by the Planning Commission in formulating a recommendation to the City Council. On a separate sheet of paper the following questions shall be answered in a detailed manner. 1. How does a change of use or vacation of the street/alley improve service to the public? 2. Is the street or alley no longer required for public use or public access? Explain. 3. Would substitution of a new and/or different public right-of-way better serve the public? Explain. 4. How will use or need for this right-of-way be affected by future conditions? Explain. 5. Will easements be retained for all underground and overhead utilities? The requested vacation is located in the service area of what utility companies. (Specify)? 6. Petitioner(s)contacted the following utilities/agencies with this proposal for their concurrence. (Attach correspondence) _Telephone _Cable _Electric _Other(Specify) Water District Fire District _Gas Utility _Sewer Utility 7. Does the right-of-way include stormwater drainage facilities (Specify)? NOTE: ALL SUBMITTAL REQUIREMENTS SPECIFIED IN THE STREET VACATION SUBMITTAL CHECKLIST SHALL BE SUBMITTED BEFORE THE STREET VACATION APPLICATION WILL BE PROCESSED. Revised 12/28/2005 d P 1 J IDC5 SPOKANE VALLEY Dr= ARTMENi OF PART II- LEGAL OWNER SIGNATURE COMMUNITY DEVELOPMENT Please note: -Submit on a separate sheet of paper the required legal owner signature specified below if there are more than two(2)property owners submitting for the Street Vacation. ABUTTING PROPERTY OWNER NO. 1: n Da, , (print name) SWEAR OR AFFIRM THAT THE ABOVE RESPONSES ARE • DE TRUTHFULLY AND TO THE BEST OF MY KNOWLEDGE. I FURTHER SWEAR OR AFFIRM THAT I AM THE OWNER OF RECORD OF THE AREA PROPOSED FOR THE ABOVE IDENTIFIED LAND USE ACTION, OR, IF NOT THE OWNER, ATTACHED HEREWITH IS WRITTEN PERMISSION FROM THE OWNER AUTHORIZING MY ACTIONS ON HIS/HER BEHALF. ADDRESS: L1100'-VS 1 (nai;040I W PHONE: 503-65a-IVO KIWAN-4IL Qk ZIP: q-1 (City)„ (State) ,y,\AiL, Q Q -l.6.—D C— (Site) (Date) NOTARY (For Part II above) STAT, OF WASHINGTON ) ss: COUNTY OF SPOKANE ) SUBSCRIBED AND SWORN to before me this //n day of )60-- L .i , 2005- NOTARY 0OSNOTARY SEAL (-4/q6,,,±Ack_) NOTARY SKSATURE Notary Public in and for the State of Washitteu()re&&06a e.7ARTHAJ OFFICIAHLSAGGEEAL Residing at: (l K{r t(/ f-S CLA. _' ' RTY ( NOTARY PUBLIC-OREGON '� COMMISSION N0.365458 �� 9 /0 .7 N1Y OOMMI551gN EXPIRES MAR 28,2007 t My appointment expires: Jl Revised 8/11/2005 ABUTTING PROPERTY OWNER No. 2: I, , (print name) SWEAR OR AFFIRM THAT THE ABOVE RESPONSES ARE MADE TRUTHFULLY AND TO THE BEST OF MY KNOWLEDGE. I FURTHER SWEAR OR AFFIRM THAT I AM THE OWNER OF RECORD OF THE AREA PROPOSED FOR THE ABOVE IDENTIFIED LAND USE ACTION, OR, IF NOT THE OWNER, ATTACHED HEREWITH IS WRITTEN PERMISSION FROM THE OWNER AUTHORIZING MY ACTIONS ON HIS/HER BEHALF. ADDRESS: LI'16:30 SE Ta` >&4 tE A&( PHONE: Nt3) ( - I a cn \kci ,UC1 e_ Dr ZIP: 4� (City) (State) IntLA_ (Signature) (Date) NOTARY U! t O r3 (For Part II above) STATE OF WASHINGTON ) ss: COUNTY OF SP$I£ ) ►1-Ce.M4-u5 SUBSCRIBED AND SWORN to before me this -5g-D— day of 10.11_LLa , 20 Ob NOTARY SEAL OTARY( I ATURE Notary Public in and for the State of Washington Oro A� 1r OFFICIAL SEAL y �r - MARTHA J HAGGERTY jResiding at: e. ( r0(--A-I,I,S ( c rO4 NOTARY PUBLIC-OREGON COMMISSION NO.365455 / f MY COMMISSION EXPIRES MAR 28,2007 J My appointment expires: .. Revised 12/28/2005 JAN f 8 2008 SFOKA.NN F V:^-i!FV DEPART(ti=;v T CF wC+!✓MLN;1' CFM:(;-i Part II-Evaluation Criteria 1. How does a change of use or vacation of the street/alley improve service to the public? We feel that there will be no significant change in service to the public. Indiana Avenue dead ends, we are proposing that is dead-ends approximately 186' sooner. 2. Is the street or alley no longer required for public use or public access? Explain. No the street is no longer needed, Indiana Avenue gives access to two pieces of property listed under the abutting property section. Wireless Connections currently has ownership of all three associated parcels leaving only one property owner that would have direct access from the end of Indiana Ave. 3. Would a substitution of a new and/or different public right-of-way better serve the public? Explain. No, as stated above, the dead end street offers no other access otherthan the two aforementioned properties. 4. How will use or need for this right-of-way be affected by future conditions? Explain. This is unknown, we cannot foresee what the city has planned for the future. However, because we border I-90 and there is a wetland retention pond where Indiana Avenue ends, it appears that future development around this area would be limited. 5. Will easements be retained for all underground and overhead utilities? The requested vacation is located in the service area of what utility companies. (Specify)? Yes, Wireless Connections would be willing to allow utility easements to be retained. There is overhead power and natural gas, provided by Avista Corporation. Phone service is provided by Qwest. Spokane County Utilities provides water and sewer. 6. Petitioner(s) contacted the following utilities/agencies with this proposal for their concurrence. None 7. Does the right-of-way include storm water drainage facilities(Specify)? No storm water facilities obvious unless underground. „,.., _ _ ,,, DAto A',,:c ______ ....._ ......._ MAIM RECEIVErD WIRELESS SYSTEMS JAN 1 8 2005 SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT Community Development Department Current Planning Division 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Re: Street Vacation Application Wireless Connections, LLC d.b.a Day Wireless Systems owns two properties, parcel numbers 45104.9034 and 45104.9036, adjacent to the south side of the dead end street known as East Indiana Avenue. Day Wireless also owns the abutting property, parcel number 45104.9020. After providing access for the Day Wireless Systems parcels, the street comes to an end and does not provide access for any purpose beyond this point. Vacation of this portion of East Indiana Ave will allow the City of Spokane Valley to receive taxes from Day Wireless Systems. Further,the City will no longer be responsible for the maintenance and up-keep of this particular section of street. The purpose for this proposal by Day Wireless Systems is to extend parking for both customers and employees. Thank you, LQL4k Gordon Day President/CEO 4700 SE International Way. Milwaukie. OR 97222-4657 C 503.659.1240 Q 503.659.4723 www.daywireless.com EXHIBIT 4 SCITYsoim a Valley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall®spokanevalley.org Memorandum To: Karen Kendall—Assistant Planner From: Alysa Wiyrick, E.I.T. —Assistant Development Engineer 4z t' Date: May 17, 2006 Re: STV-01-06 Old Indiana Street Vacation Conditions and Comments Public Works has reviewed the application to vacate that portion of Old Indiana Avenue located between parcels 45104.9034, 45104.9036, and 45104.9020. Public Works has the following conditions: 1. Easements shall be provided for all existing utilities located in Old Indiana. Easements shall include an access easement for access to Old Indiana public right of way located East of the proposed vacation. The applicant must coordinate with the utilities to determine the location of the required easements and submit a description of the easements to Public Works. 2. Access to the above parcels shall be from Old Indiana. NO access will be granted to the improved 5-lane Indiana Avenue for the above parcels. Page 1 of 1 Karen Kendall From: Figg, Greg [FiggG@wsdot.wa.gov] Sent: Wednesday, May 17, 2006 2:08 PM To: Karen Kendall Cc: Hee, Kevin; Cote, Ronald Subject: STV-01-06 Vacation of Old Indiana Ave Importance: High Karen, thank you for the opportunity to review the above requested vacation of Old Indiana Avenue. In reviewing this request we ask that an easement be provided to WSDOT for the maintenance of our drainage swale immediately east of this proposal. If this vacation is approved we look forward to working with the City of Spokane Valley on this needed easement. If you should have any questions on this request, please do not hesitate to contact me at 324-6199. Sincerely, Greg Figg WSDOT Planning 5/17/2006 Page 1 of 1 Karen Kendall From: Karen Kendall Sent: Wednesday, May 17, 2006 2:21 PM To: Figg, Greg Cc: Karen Kendall Subject: RE: STV-01-06 Vacation of Old Indiana Ave Thank you for responding so quickly. After a positive decision from the City council a survey will be required and at that time all existing and Proposed easements will need to 6e shown. KAREN K•ENDALL c.t cf spolum vnLLeu cows wi.u.vatveLC•pvv ewt Departu.ev't 11707 East spro.ave Avewu_e spohav'.e vaLLej, WAJ920(' (509) &02-01:2 (509) 921-1_000 Fa): From: Figg, Greg [mailto:FiggG@wsdot.wa.gov] Sent: Wednesday, May 17, 2006 2:08 PM To: Karen Kendall Cc: Hee, Kevin; Cote, Ronald Subject: STV-01-06 Vacation of Old Indiana Ave Importance: High Karen, thank you for the opportunity to review the above requested vacation of Old Indiana Avenue. In reviewing this request we ask that an easement be provided to WSDOT for the maintenance of our drainage swale immediately east of this proposal. If this vacation is approved we look forward to working with the City of Spokane Valley on this needed easement. If you should have any questions on this request, please do not hesitate to contact me at 324-6199. Sincerely, Greg Figg WSDOT Planning 5/17/2006 Pinnacle Pier 70 P I N N 4 C LE 2801 Alaskan Way,Suite 200 a,MwriwnManagement SenicesNorthwest Compaq Seattle,Washington 98121 May 25,2006 Spokane Valley Planning Commission Via Email:planningispokanevalley.org RE: Right of Way Vacation Request STV-01-06 To Whom It May Concern: I am the managing member of East Indiana Ave,LLC,the owner of Spokane County Parcel Numbers 45104.9062,45104.9063 and 45104.9065 located at 13210 East Indiana Avenue,Spokane Valley, Washington. Our property abuts Parcel Numbers 45104.9036 and 45104.9034,the parcels that have applied for the above referenced vacation request. My office address is registered with Spokane County as the mailing address for our property and I did not receive a notice of the referenced vacation and only found out about this last night. At this time we object to the right of way vacation due to improper notice and would like to request a one month continuance to study the impact this vacation would have on our property and business. Respectfully yours, Patrick Nangle Managing Member of East Indiana Ave,LLC 206.215.9783 pnangle(prmc.com cc: Neale Skladany Deanna Griffith Karen Kendall Scott Kuhta Karen Kendall From: Mike Turbak Sent: Friday, May 12, 2006 5:32 PM To: Karen Kendall Subject: Emailing: STV-01-06 Attachments: STV-01-06.doc STV-oi-oo.d,oc (44 <30 The message is ready to be sent with the following file or link attachments: STV-01-06 Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. CITY O - pokane COMMUNITY DEVELOPMENT DEPARTMENT Valley BUILDING DIVISION 400/' 11707 E Sprague Avenue, Suite 106*Spokane Valley,WA*99206 Street Vacation Comments Date: May 12, 2006 To: Karen Kendall. Assistant Planner City of Spokane Valley Community Development Department 11707 E Sprague Avenue, Suite 106 Spokane Valley, WA 99206 RE: STV-01-06 The City of Spokane Valley Building Division has completed a preliminary review of the Street Vacation site plan submitted on January 18, 2006 to the Spokane Valley Department of Community Development for this proposed project. Based upon a review of the Application Material routed on April 27, 2006 by the City of Spokane Valley Community Development Department, the Building Division finds no requirement at this time to condition the approval of this project. If you have additional questions or concerns, please feel free to contact me at 509.688.0035 or mturbak(c�spokanevalley.orq Mike Turbak Senior Permit Specialist SEEP-1-06(Harwood).doc;STV-1-06(Wireless Connection LLC) Page 1 of 1 Karen Kendall From: Anderson, Patti [PAnderson@spokanecounty.org] Sent: Friday, May 12, 2006 11:52 AM To: Karen Kendall Subject: SHP-1-06(Harwood).doc; STV-1-06(Wireless Connection LLC) Attachments: STV-1-06(Wireless Connection LLC).doc; SHP-1-06(Harwood).doc <<SHP-1-06(Harwood).doc>> 5/12/2006 SPOKANE REGIONAL HEALTH DISTRICT ENVIRONMENTAL HEALTH DIVISION INTEROFFICE MEMO DATE: May 12, 2006 TO: Karen Kendall, Assistant Planner, City of Spokane Valley Department of Community Development FROM: Donald Copley - EHSII, SRHD SUBJECT: STV-01-06 After a review of the above referenced action, the Health District has no comment on this request to vacate old Indiana Avenue. 05/09/06 TUE 08:06 FAX 509 892 4127 SPOKANE VALLEY FIRE DEPT c`r� ' SPOKANE VALLEY FIRE DEPARTMENT1� !` 1 Spokone County Fire District I • �`-7/ AVE. . E VALLEY,WA 99206-3576 • (509)9'28 1700 • FAX(5099) ._4125 �7 1031'9 EAST SPRAGUE AVc SPOKANE \`*� ralku Tharnpson Cr tot • May 8 2006 • Karen Kendall City of Spokane Valley • 11707 E. Sprague Ave. Suite 106 Spokane Valley, WA 99206 RE: STV-01-06' 13300 E. Indiana Dear Ms. Kendall: The Spokane `!alley Fire Department has no objections for SIV-01-06. Sincerely, ,1 / Rick Ftjei!'I Fire Inspector • RF/pla . I I I . MGY ciR PR2i; CSS 5 _ 222 432? 'F'r' • February 16, 2006 Brandon Reece Day Wireless 4700 SE International Way Milwaukie, OR 07272 Re: Vacation of Right-of-Vv-rayiold Indiana Ave. Dear Mr. Reece: Our District provides water service to the properties refen-ed to in your recent correspondence (45104.9034, 45104.9036 & 45104.9020). The existing 6" water main is located approximately 21' feet north of the south curb line. We will require the donation of an easement (20' total width— 10' north/10' south) for operation and maintenance of the pipeline if the right-of-way is vacated. Please keep us informed regarding the vacation of right-of-way so that an easement can be prepared. Sincerely, • 77 1 Al -C 2 ai Robert 0. Ashcra Manager. ROA:slk Copy: Karen Kendall City of Spokane Valley 11707 E Sprague Ste. 106 Spokane Valley, WA 99206 CONSOUDitTD IRRIGigOR IISTRICT 120 NORTH GREERACRES ROAD 0 GREENAGRES,WASHINGTON 99016 0 924-3655 FAX:924-3927 Day Wireless-Old Indiana Road Vacation Page 1 of 1 Brandon Reece From: Red, Jim [JRed@spokanecounty.org] Sent: Friday, March 03, 2006 11:14 AM To: Brandon Reece; kkendall@spokanevalley.org Subject: Day Wireless-Old Indiana Road Vacation Hello, Currently Spokane County does not have an easement for the sewer line in the Old Indiana Road because it is currently a public right-of-way. If the vacation were to go through, then a pubic easement would be required in order for the Department of Utilities to maintain the sewer line. The depth width and length of the easement would still need to be determined. Jim Red Spokane County Utilities 509-477-3604 1/6/2flf)6 CO ca s�`t. Comcast Communications Inc. 1717 s Buckeye Ave. Spokane,WA 99207 Feb.l6th, 2006 Brandon Reece Day Wireless Systems Sites Development Manager 4700 SE International Way Milwaukie, OR 97222 RE: Comcast's concurrence to vacate right-of-way along Old Indiana Ave. between Parcel Nos . 45104.9034, 45104.9036, and 45104.9020 . Dear Brandon: Day Wireless Systems has Comcast's concurrence to vacate right- of-way along Old Indiana Ave. between Parcel Nos. 45104.9034, 45104.9036, and 45104.9020. Sincerely, Rich rd Barnes Richard Barnes (509) 484-4931 ext. 53266 richard barnes@cable. comcast. com Bryan Richardson (509) 484-4931 ext. 53240 bryan richardson@cable. comcast . com Butch White (509) 484-4931 ext. 53532 butch white@cable. comcast . com Construction Technicians for Comcast, Spokane c.c.Karen Kendall, Assistant Planner, City of Spokane Valley, WA FROM US WEST (FRI) 2. 17' 06 15:57/ST. 15:56/NO. 4862876431 P 2 904 N.Columbus Spokane,'A'asliinglon 99202 February 17,2006 n' Day Wireless Systems ATTN:Brandon Reece Qwest Sites Development manager 4700 SE Milwaukie, OR 97222 spirit :t:earl Re: proposal for your convenience to vacate public right-or-way along Old Indiana Ave, between Parcel Nos_45104.9034,45104.9036, 45104.9020. Brandon, Thanks for contacting Qwest regarding vacating a portion of Old Indiana Ave. Qwest does not have any major concerns with the potential vacation of the portion of Old Indiana listed above, so long as the City of Spokane Valley grants Qwest an easement to maintain the existing buried telephone cable facilities as placed in their existing alignment, south of the centerline of Old Indiana. This letter is not an acceptance of the proposed vacation. Qwest Communications expects an official request for concurrence from the City of Spokane Valley,to include provision of the above mentioned easement_ Please see the attached sketch of the approximate location of Qwest Communications buried facilities in relation to your parcels and Old Indiana Ave. More precise locations must be provided via the One Call locating service at 509-456-8000. If you have questions regarding this information, feel free to contact me at 509-455-2580. Sincere y, ; / r Dave Clark Sr.Design Engineer • or) il4 ,-, Cn d' 10 N .. .... .. . ... CO 04 --—___± __ — ___---- ___ --TittT i 7-1------ i -- _ ii:1211 i --, _ 10, / 1 L1-1 a 1 1 I • 1 ; . 1 , .• ____ • . 1 \ 1 I 1 j ...____ , . A ---6-- \ „ I 0 .. r-- ::. ,•A c<i . rrr-'--=-----j-------._._______ ma r-T-.,•,, 011117-1 M- .----:.--------,..,...iL 1, 1.4 II ,,,4I „_,--. ..._,_„.r....n .,..__,,,..,.. ,. ...z. , „., ‘•t,I,i 7------.1 ...e..o,/..% \ rafil*. -•--•-,.......,..„...., L V‘!IV,* la fibbe)Mal ti.it ifu, 9142;.* I 1110 .. lit 2321-T.1. 410,311-111 117.1314-ilts itv• NA, ”to a..._........„...„...„........„............... r"•---.....______. :: 41 1,141-465 .V.tifrjaiVa4 1.,21...AV 3 .....__________ a-----------.....,...„ 5P.:;',_S'V.E.:.) A.11-4.i fit bre1-3/1 -aft I }-ZIOB I ifit,!Iiii5 -370 I -.....- !Tl'' r .,_, .._.._, ,,..,..,.... ,... . I I , -- _______.____ . l, 67,---- Pth,z-egatc:70-3 F. ' 1111111111111111111111111.PIP— 0) N . rn :5. 0 r4 fr, _B_______.. f 1 I . Page 1of1 Brandon Reece From: Clifford, Bill [CliffordB©SpokaneValleyFire.com] Sent: Tuesday, February 28, 2006 2:35 PM To: Brandon Reece Subject: Vacate Right-of-Way Hi Brandon, I just spoke with the Planning Department at the City of Spokane Valley. After a discussion on this Vacation, the Spokane Valley Fire Department has no objections or requests for the vacating of Old Indiana Ave. If you should have any questions please contact me at my office. Sincerely, Bill Clifford Fire Inspector,PIO/PEO Spokane Valley Fire Department 10319 E.Sprague.Ave.Spokane,WA 99206 cliffordKsnokanevallevfire.com (509)892-4126(509)892-4127 fax 2/22/7006 Page 1of1 Brandon Reece From: Cote, Ronald [CoteR©wsdot.wa.gov] Sent: Friday, March 03, 2006 9:33 AM To: Brandon Reece Cc: Figg, Greg Subject: Day Wireless Systems Vacation of R/W along Old Indiana Ave. Brandon, The Washington State Department of Transportation (WSDOT) has reviewed this proposal. WSDOT does not foresee any complications with this proposal moving forward. Thank you for the opportunity to comment on this proposal and if you should have any questions,please feel free to contact either myself or Greg Figg at(509) 324-6199. Ron Cote WSDOT ER Planning (509)324-6193 3/6/2006 ®®® w MAR-27-2006 MON 08:32 AM FAX NO. P. 01 , Avista Milos • �II��411 ®SA` � , ' l 1lETIF,n�.rMissio, PUBox 3727 MSC-25 Utilities,spoka ,Wanhingtori 99220-3721 Utilities ' 'relophonu 509-48t-0500 '• , , ',roll Roo 000-727-9170 Facsirnile 509.495.1734 .• • • , • • • • ; MiirLh 24, 2006 , • ' Mr. Brandon Rees° Day Wireless P,O, l3ox 22169 Milwaukee, OR 97269 RL: Vacation of a portion of Old IndiaiiAverlue, Spokane Valley, Washington Dear Mr. Brandon; We have reviewed the details of your earlier request to vacate a portion of Old Indiana Ave. This letter is our anrswer to the request as described in a memo from the sites department dated March 17, 2006, Avista Utilities has no concerns regarding the proposed vacation providing that all necessary provisions, accommodations and permissions as now in place are retained and not restricted in any manner. This may be accomp,Iished by providing the stipulation in the final approval that states; "This vacation is subject to the existing rights of Avista Utilities to operate, maintain,protect and upgrade the existing Overhead Electric Distribution Line together with assorted electrical services and the existing Underground Natural Gas Pipeline together with assorted natural gas services." If you have any questions,please contact me at 509,495.4441 or fax your comments to 509.495.8 734. 'c urs truly, If e • Claude Killer Real Estate Representative cc; Karon Kr,nd,o],1 sizka ne .10.0Valle g Plannin Commission Public Comments Name , �I IC IL- 5-' /A -d4- Address /5-yeR 6 6"/, 3`9 A-v 1/4K-0_1a-re_ i'tk Phone Number S-6) ' ci ' O71 Email address S L404_may( 2-- et-e. Agenda Item: rev/J VA G ra-7-AA) For the Proposal L gainst the Proposal Neutral Wish to Speak? ✓ Yes No 5 / 3Jb *Wane S WWg ane Plannin Commission Public Comments Name _ ,r, , Address t O ?) ,41-/Le_ Phone Number 6q " /1Y- / 4ICI 0 Email address (J & fiip re Agenda Item: Lor the Proposal Against the Proposal Neutral Wish to Speak? Yes No January 15, 2003 Page 1 of 2 Karen Kendall From: Randy Abrahamson [randya@spokanetribe.com] Sent: Wednesday, May 03, 2006 9:40 AM To: Karen Kendall Cc: seffnie kramer Subject: SEPA May 3, 2006 Karen Kendall Associate Planner RE: STV-01-06 Ms. Kendall: Thank you for inviting the Spokane Tribe of Indians to review and comment on the SEPA checklist. We have received the application material for the project area, The Spokane Tribe of Indians does express interest in projects that impacts cultural resources and traditional Cultural properties (TCP). I request an on site meeting for this project to discuss any actions that would destroy any archaeological resources. There are two known archaeological sites that may be eligibility for the National Register,these cultural resource material are limited, irreplaceable and provide the historical and cultural foundations of the Spokane Tribe and includes the traditional cultural resources, ancestral and sacred sites, historic locations and burial sites that is so important to the Spokane Tribe. While surface evidence or artifacts and human remains may be sparse after years of non-Indian occupation and development, evidence below the surface may still be in place and artifact and human remains may be entering the site through hydrological processes, and other means. I would recommend that archeological survey and sub—surface testing at all construction and staging areas. Please send me a copy of the survey and subsurface testing before any excavation activity. Should additional information become available our assessment may be revised. Our tribe considers this a positive action that will assist us in protecting our shared heritage. If question arise, contact my office at(509) 258—4315. Sincerely, Randy Abrahamson 5/3/2006 January 15, 2003 Page 2 of 2 Tribal Historic Preservation Officer. Spokane Tribe of Indians P.O. Box 100 Wellpinit WA. 99040 5/3/2006 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,WASHINGTON, PROVIDING FOR THE VACATION OF OLD INDIANA AVENUE BETWEEN PARCEL NO. 45104.9020 TO THE NORTH AND PARCEL NOS. 45104.9036 AND 45104.9034 TO THE SOUTH AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, the City Council through Resolution initiated the vacation of a portion of Old Indiana Avenue by providing that a hearing on the proposal to vacate the above street would be held before the Planning Commission on the 25 day of May, 2006 for the purpose of considering whether the vacation is in the public interest; WHEREAS, following a hearing before the Planning Commission, it has been found and determined that the vacation of the above referenced street complies with City Ordinance 06- 000, (SVMC Chapter 10.05 updated by Ordinance 05-012) desires to vacate the above street as set forth herein. WHEREAS, the Planning Commission findings and/or minutes have been filed with the City Clerk as part of the public record supporting the vacation; WHEREAS, fifty percent of the property owners abutting the property to be vacated did not file a written objection to the proposed vacation with the City Clerk; WHEREAS, through ordinance the City shall provide that the vacated property be transferred to the abutting property owners, one-half to each, unless circumstances require a different division of property, that the zoning district designation of the properties adjoining each side of the street shall attach to the vacated property;that a record of survey shall be submitted to the Director of Community Development and that all direct and indirect costs of title transfer to the vacated street be paid by the proponent or recipient of the transferred property; WHEREAS, the City Council pursuant to RCW Chapter 35.79 and City Ordinance No. 06-000, (SVMC Chapter 10.05 updated by Ordinance 05-012) desires to vacate the above street as set forth herein. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Findings of Fact. The City Council makes the following findings of fact: (1) the City Department of Public Works has reviewed the right-of-way to be vacated and determined that the property adjacent to the vacated property is otherwise served by public or private access; (2) a public hearing on the proposed vacation has been held in accordance with State Law and City Ordinance before the Planning Commission with the record of such hearing Page 1 of 3 and proceedings lodged with the City Clerk; (3) a written protest has not been filed with the City Clerk by at least fifty percent of the abutting property owners; and (4) vacation of the street or alley serves the public interest. Section 2. Property to be Vacated. Based upon the above findings and in accordance with this ordinance, the City Council does hereby vacate the street or alley described on the attached Exhibit "A" which is incorporated herein by reference. Section 3. Zoning. The Zoning designation for the vacated property shall be the designation attached to the adjoining properties as set forth within the respective property or lot lines. The Director of Community Development is authorized to make this notation on the official zoning map of the City. Section 4. Conditions of Vacation. The following conditions shall be fully satisfied prior to the transfer of title by the City. 1. Following the City Council's passage of the ordinance approving the proposal to vacate the street or alley, a record of survey of the area to be vacated, prepared by a registered surveyor in the State of Washington and including an exact metes and bounds legal description,and specifying if applicable any and all easements for construction,repair and maintenance of existing and future utilities and services, shall be submitted by the proponent to the Director. The record of survey shall contain the professional stamp and signature of the registered surveyor and filed upon completion with the Spokane County Auditor. The surveyor shall provide the City of Spokane Valley with a mylar copy of the recorded survey and the Auditor's Document Number and date of recordation. 2. The surveyor shall locate at least two monuments on the centerline of the vacated right-of-way with one located at the intersection of the centerline of the vacated right-of-way with each street or right-of-way in accordance with the standards established by the Spokane County Standards for Road and Sewer Construction. 3. All necessary easements required by Consolidated Irrigation District,Washington State Department of Transportation, Spokane County Division of Utilities,Avista, Quest and Comcast shall be shown on the record of survey and written documentation from all utility companies is required to be submitted to the Community Development Director,or designee verifying all easements have been indicated. 4. Access to Parcel Nos.45104.9020,45104.9034&45104.9036 shall only be from Old Indiana Avenue. No access is granted to the improved 5-lane Indiana Avenue for the above parcels. 5. All direct and indirect costs of title transfer of the vacated street or alley from public to private ownership including but not limited to title company charges,copying fees,and recording fees are to be borne by the proponent. The City will not assume any financial responsibility for any direct or indirect costs for the transfer of title. 6. The zoning district designation of the properties adjoining each side of the street or alley to be vacated shall be automatically extended to the center of such vacation,and all area shall included in the vacation shall then and henceforth be subject to all regulations of the extended districts. The adopting ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. Page 2 of 3 7. A certified copy of the ordinance vacating a street or alley or part thereof shall be recorded by the city clerk in the office of the Spokane County auditor. 8. All conditions of city council authorization shall be fully satisfied prior to any transfer of title by the City. Section 5. Closing. Following satisfaction of the above conditions, the City Clerk shall record a certified copy of this Ordinance in the office of the County Auditor and the City Manager is authorized to execute all necessary documents, including a Quit Claim Deed, in order to complete the transfer of the property identified herein. Section 6. 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 7. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this day of 2006. Mayor,Diana Wilhite ATTEST: City Clerk, Chris Bainbridge Approved As To Form: City Attorney, Mike Connely Date of Publication: Effective Date: Page 3 of 3 Last printed 5/19/2006 3:22:00 PM5/11/2006 6:01:00 PM CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 06 *** AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING SECTION CHAPTER 22.070 OUTDOOR LIGHTING STANDARDS OF THE SPOKANE VALLEY MUNICIPAL CODE, PROVIDING FOR SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City of Spokane Valley adopted the 2006-2026 Comprehensive Plan on , 2006; and WHEREAS, the City is required to adopt development regulations implementing the Comprehensive Plan within six months of adoption; and WHEREAS, outdoor lighting is also regulated by the Washington Energy Code (WAC 51.11); and WHEREAS, the proposed development regulations must be submitted to the Washington Department of Community Trade and Economic Development pursuant to WAC 365-195-620; NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Section 22.070 of the Spokane Valley Municipal Code is hereby amended to read as follows: LL 22.70 OUTDOOR LIGHTING STANDARDS 22.070.010 Purpose The regulation of outdoor lighting discourages excessive lighting of outdoor spaces, encourages energy conservation and prohibits lighting creating a nuisance for adjacent property owners. 22.070.030. Application The requirements of this chapter and the Washington Energy Code (WAC 51.11) apply to outdoor lighting except one and two family dwellings. 22.070.030. General Requirements The installation of new outdoor lighting or the extension, modification or expansion of existing outdoor lighting is subject to the following requirements: 1. The lighting allowance for covered parking, open parking and outdoor areas shall not exceed 0.20 watts per square foot of lot area, provided however, that the allowance may be increased to 0.30 watts per square foot for covered residential parking when ceilings and walls are painted or stained with a reflectance value of 0.70 or higher. 2. The lighting allowance for building exteriors, including landscaping lighting, shall not exceed either 0.25 watts per square foot of building façade or 7.5 watts per liner foot of building perimeter. 3. The maximum height of pole mounted outdoor lighting fixtures shall be calculated in feet by the following formula: Maximum Height = 3 + D/3 1 Last printed 5/19/2006 3:22:00 PM5/11/2006 6:01:00 PM where D is the distance to the nearest property line. 4. All outdoor lights shall include a light source and reflector that control the light beam so that no light extends across any bounding property line above a height of three (3)feet. 5. Outdoor lighting fixtures shall be recessed or shielded so that the light source is not visible at any bounding property line except where topographical characteristics make this impossible. 6. All outdoor lighting systems shall be equipped with automatic switches conforming to the requirements of 1513.6.2 of the Washington Energy Code. 7. All applications for building permits shall be accompanied by a photometric analysis of the lighting effects prepared by a qualified engineer. 8. The mounting height of walkway lighting shall not exceed twelve feet and all fixtures mounted at a height of more than eight feet shall be fully shielded. 9. Lighting designed to accent landscaping features or architectural elements, including the illumination of pole-mounted flags of the United States, shall be concealed or positioned so that the light source is not visible at adjacent property lines. 10. Lighting for Outdoor Arenas, Stadiums and Playfields shall not remain on longer than thirty (30) minutes following the end of the event. 22.070.040 Prohibited Lights The following lights are prohibited unless a temporary permit is obtained for specific events with specific times of operation: 1. Laser source light, strobe lights and similar high intensity light sources, except those associated with approved activities of the City of Spokane Valley. High intensity lights for which a temporary permit is issued shall not project above the horizontal plane nor extend into the public right-of-way. 2. Searchlights. 22.070.050 Exceptions 1. Navigation and airport lighting required for the safe operation of boats and airplanes; 2. Emergency lighting required by police, fire, and rescue authorities. 3. Lighting for state and federal highways authorized by the Washington Department of Transportation. 4. Internal Llighting integral toof permitted signs. 5. Outdoor lighting for public monuments. 22.070.060 Temporary Lighting The Building Official may authorize temporary exceptions not to exceed thirty days for good cause shown. Section 2. 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 3. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. 2 Last printed 5/19/2006 3:22:00 PM5/11/2006 6:01:00 PM PASSED by the City Council this th day of , 2006. ATTEST: Mayor, Diana Wilhite City Clerk, Christine Bainbridge Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: 3 Sec.29.411. OUTDOOR LIGHTING CODE. (1) The provisions of Division II, Sections 29.411,of the Zoning Ordinance may be referred to as the Outdoor Lighting Code. These regulations are intended to reduce the problems created by improperly designed and installed outdoor lighting. It is intended to eliminate problems of glare,minimize light trespass,and help reduce the energy and financial costs of outdoor lighting by establishing regulations which limit the area that certain kinds of outdoor-lighting fixtures can illuminate and by limiting the total allowable illumination of lots located in the City of Ames,Iowa.All business,residential,and community driveway,sidewalk,and property luminaires should be installed with the idea of being a"good neighbor",with attempts to keep unnecessary direct light from shining onto abutting properties or streets. A purpose of the Outdoor Lighting Code is to set standards for outdoor lighting so that its use does not interfere with the reasonable use and enjoyment of property within the City. It is an intent of the Outdoor Lighting Code to encourage lighting practices that will reduce light pollution by reducing up-light,glare,and over lighting. (2) Definitions. For the purposes of Section 29.411,terms used shall be defined as follows: (a) Direct Light:Light emitted directly from the lamp,off of the reflector or reflector diffuser, or through the refractor or diffuser lens,of a luminaire. (b) Fixture: The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing,a mounting bracket or pole socket,a lamp holder,a ballast,a reflector or mirror,and/or a refractor or lens. (c) Fully-shielded lights: outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report. (d) Glare:Direct light emitted from a luminaire with an intensity great enough to cause visual discomfort,eye fatigue,a reduction in a viewer's ability to see,or in extreme cases momentary blindness. (e) Grandfathered luminaires: Luminaires not conforming to this Outdoor Lighting Code that were in place at the time this Outdoor Lighting Code went into effect. (f) Lamp: The component of a luminaire that produces the actual light. (g) Light Trespass: The shining of light produced by a luminaire beyond the boundaries of the property on which it is located. (h) Lumen: A unit of luminous flux. One footcandle is one lumen per square foot.For the purposes of these regulations,the lumen-output values shall be the initial lumen output ratings of a lamp. (i) Luminaire: This is a complete lighting system,and includes a lamp or lamps and a fixture. (j) Outdoor Lighting: The night-time illumination of an outside area or object by any man- made device located outdoors that produces light by any means. (2) Regulations. All public and private outdoor lighting installed in the City of Ames,Iowa shall be in conformance with the requirements established by the Outdoor Lighting Code. (3) Control of Glare--Luminaire Design Factors. (a) Any luminaire with a lamp rated at more than 1800 lumens shall not emit,in its installed position,any direct light above a horizontal plane through the lowest direct light emitting part of the luminaire. (b) Any luminaire with a lamp rated at more than 1800 lumens,shall not emit in its installed position any more than 5%of its total light output in the zone from 15 degrees below the horizontal to the horizontal plane through the lowest direct light emitting part of the luminaire. (4) Exceptions to Control of Glare. (a) Any lighting source producing 1800 lumens or less shall be exempt from the Outdoor Lighting Code. (b) All temporary emergency lighting needed by the Police or Fire Departments or other emergency services,as well as all vehicular luminaires,shall be exempt from the requirements of the Outdoor Lighting Code. (c) All hazard warning luminaires required by Federal regulatory agencies are exempt from the requirements of the Outdoor Lighting Code. (d) A building or structure that has been designated for historic preservation by the City of Ames, State of Iowa, or the National Park Service, shall be exempt from the"fully shielded"requirements, if an historic restoration cannot be achieved by other means. Sup#2006-2 Chapter 29,Article 4-27 Rev.4-1-06 (5) Outdoor Advertising Signs. (a) Lighting fixtures used to illuminate an outdoor advertising sign shall be mounted on the top of the sign structure. All such fixtures shall comply with the shielding requirements of Section 29.411(3). An exception to this requirement may be allowed for ground mounted,monument signs. Ground mounted,monument signs may be illuminated with a ground mounted or a bottom mounted lighting fixture,provided that the light output shall be directed totally to the monument sign surface to prevent up-lighting and glare. (b) Outdoor advertising signs ofthe type constructed of translucent materials and wholly illuminated from within do not require shielding. Dark backgrounds with light lettering or symbols are preferred,to minimize detrimental effects. (c) Electrical illumination of outdoor advertising off-site signs between the hours of 10:00 p.m.and 6:00 a.m.,shall only be done by means of lights directed downward. (6) Recreational Facilities. Lighting of outdoor recreational facilities(public or private),such as,but not limited to,football fields,soccer fields,baseball fields,softball fields,tennis courts,special event or show areas, shall meet the following conditions: (a) All fixtures used for such lighting shall be fully shielded as defined in Section 29.411(2)(d), or be designed or provided with sharp cut-off capability,so as to minimize up-light,spill-light,and glare. (b) Illumination of the playing field, court, track, or event site, after midnight is prohibited except to conclude a scheduled event that was scheduled to be completed before 11:00 p.m. that circumstances prevented concluding before 11:00 p.m. (7) Prohibitions. (a) Laser Source Light. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment.when projected above the horizontal is prohibited. (b) Towers. Lighting on towers is prohibited except as required by regulations of the Federal Aviation Administration. (c) Searchlights. The operation of searchlights for advertising purposes is prohibited. (8) Grandfathering of Nonconforming Luminaires. Luminaires lawfully in place prior to the effective date of the Outdoor Lighting Code shall be grandfathered. Such grandfathered luminaires maybe replaced with a like kind of luminaire unless more than 50 percent of the like kind of luminaires on the same premises are being replaced. In such case all the replacement luminaires on the premises shall meet the standards of the Outdoor Lighting Code. (9) Development Permits. (a) Submission Contents. The applicant for any permit or site plan approval required by any provision of the ordinances of this city involving outdoor lighting fixtures shall submit(as part of the application for site plan approval or a permit)evidence that the proposed work or activity will comply with the Outdoor Lighting Code. Specifically,the application or submission shall include: (i) plans indicating the location on the premises,and the type of illuminating devices, fixtures,lamps,supports,reflectors,and other devices; (ii) a detailed description of the illuminating devices, fixtures, lamps, supports, reflectors, and other devices. The description shall include manufacturer's catalog cuts and drawings, including sections when requested; (iii) photometric data,such as that furnished by manufacturers,showing the angle of cut off or light emissions. (b) Additional Submission.The above required plans,descriptions and data shall be sufficiently complete to enable the plans examiner to readily determine whether compliance with the requirements of the Outdoor Lighting Code will be secured. If such plans,descriptions and data cannot enable this ready determination,by reason of the nature or configuration of the devices,fixtures,or lamps proposed,the applicant shall additionally submit as evidence of compliance to enable such determination such certified reports of tests as will do so provided that these tests shall have been performed and certified by a recognized testing laboratory. (c) Lamp or Fixture Substitution. Should any outdoor light fixture,or the type of light source therein,be changed after the permit has been issued,a change request must be submitted to the building official for approval,together with adequate information to assure compliance with this code,which must be received prior to substitution. Sup#2006-2 Chapter 29,Article 4-28 Rev.4-1-06 (10) Light Trespass. All nonexempt outdoor lighting fixtures shall be designed, installed, and maintained to prevent light trespass. Outdoor lighting fixtures shall be installed and thereafter maintained so as not to cause direct light from the luminaire to be directed toward residential buildings on adjacent or nearby property or nearby land. If such condition should occur,the luminaire shall be redirected or its light output shall be controlled as necessary to eliminate such condition. (11) Penalties. (a) Violation. It shall be a municipal infraction for any person to violate any of the provisions of the Outdoor Lighting Code. Each and every day during which the violation continues shall constitute a separate offense. (b) Violations and Legal Actions:If,after investigation,the City finds that any provision of the Outdoor Lighting Code is being violated,the City shall give written notice of such violation to the owner and/or to the occupant of such premises,demanding that the violation be abated within one hundred twenty(120)days of the date of the written notice. If the violation is not abated within the one hundred twenty day period,the City shall institute actions and proceedings,to enjoin,restrain,or abate any violations of the Outdoor Lighting Code and to collect the penalties for such violations. (c) Penalties: A violation of the Outdoor Lighting Code, or any provision thereof, shall be punishable by a civil penalty of$500 for a person's first violation thereof, and a penalty of$750 for each repeat violation. Each day,after the expiration of the one hundred twenty day period provided in paragraph(b)above,that a violation occurs,or is permitted to exist,constitutes a separate violation for the purpose of the civil penalty. Sec.29.412. SIZE AND APPEARANCE,DETACHED DWELLINGS. All non-attached dwelling structures of any kind located outside the RLP Zone, shall meet the following minimum standards: (1) The principal portion or main body of the structure shall have a width and length of not less than 20 feet. (2) The siding of the structure shall consist of wood,simulated wood siding(to include horizontal lapped steel,vinyl,or aluminum siding),brick,stone,stucco or concrete and,furthermore,shall not have an appearance or condition incompatible with conserving the market value and beneficial use and enjoyment of adjacent buildings,as determined by the person responsible for zoning administration. Any person aggrieved by that determination may appeal to the Zoning Board of Adjustment as by law provided. Sec.29.413. SIGNAGE STANDARDS C NEIGHBORHOOD COMMERCIAL ZONE. (1) No signs are permitted in the Neighborhood Commercial(NC)zoning district except those signs that conform to the standards and restrictions stated in this section. (2) The only types of signs permitted in the Neighborhood Commercial(NC)zoning district are wall signs and monument signs. (3) Size restrictions. (a) A wall sign is a sign that is displayed by being affixed to the outside of an exterior wall of a building in which at least one business is located. Wall signs shall be affixed to only those walls that face a street. A wall sign shall be no larger than sixteen square feet,except that a wall sign may be up to thirty-two square feet in size if it is affixed to a building on a lot that abuts an arterial street,and the wall sign faces the arterial street. (b) Monument signs shall be no larger than sixteen square feet,excluding the base;and no more than one such sign is permitted for each principal building on a lot. A monument sign is not permitted on a lot that is not the site of a principal building. If the principal building is on a lot that abuts an arterial street,the monument sign may be as large as thirty-two square feet,excluding the base. (4) Height restrictions. The maximum permissible height for a monument sign is eight feet,including the sign base;that is,the top of a monument sign shall be no more than eight feet above the grade of the site on which it is erected. However, the height of a monument sign, including the base,may be up to twelve feet if the sign is erected on a lot that abuts on an arterial street. (5) Lighting restrictions. The lighting of both wall signs and monument signs shall be projected downward,regardless of whether the lighting source is internal or external. If the sign faces an abutting residentially zoned lot,or a residentially zoned lot that is separated from the site of the illuminated sign by only one street,the face of the illuminated sign shall have a dark background. Sup#2006-2 Chapter 29,Article 4-29 Rev.4-1-06 ORDINANCE NO.2109 AN ORDINANCE OF THE CITY OF REDMOND WASHINGTON, AMENDING REDMOND MUNICIPAL CODE AND REDMOND COMMUNITY DEVELOPMENT GUIDE CHAPTER 20D.90 TO ADOPT NEW EXTERIOR LIGHTING STANDARDS, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS,Redmond Comprehensive Plan Policy NE-90 calls for night lighting to be designed and constructed to minimize excessive glare and not to spill over onto nearby properties; and WHEREAS,Redmond Comprehensive Plan Policy NE-91 calls for development regulations, design standards and development review that encourages dark night skies in Redmond; and WHEREAS,the Planning Commission held a public hearing on this proposed ordinance and recommends that it be adopted; and WHEREAS,the City Council of the City of Redmond desires to encourage good exterior lighting design,protect the city's dark night skies,maintain public enjoyment of the nighttime environment and acknowledges that this ordinance is for the benefit of the public health, safety, and welfare,NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF REDMOND,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Chapter 20D.90,Lighting, of the Redmond Municipal Code and Redmond Community Development Guide is hereby amended to read as follows 20D.90 Exterior Lighting Standards 20D.90.10 Exterior Lighting Standards 20D.90. 10-010 Purpose 20D.90. 10-020 Applicability 20D.90. 10-030 General Requirements 20D.90. 10-040 Commercial Lighting Standards within 50 feet of Residential Zones 20D.90. 10-050 Open-Parking Lot Lighting 20D.90. 10-060 Exterior and Parking Lot Lighting in Transition Overlays 20D.90. 10-070 Lighting of Service Station and Associated Uses 20D.90. 10-080 Lighting of Outdoor Performance,Sport&Recreation Facilities 20D.90. 10-090 Security Lighting 20D.90. 10-100 Architectural Accent Lighting 20D.90. 10-110 Lighting of Landscaping 20D.90. 10-120 Temporary Lighting 20D.90.10 Exterior Lighting Standards Section 2. Section 20D.90.10-010,Purpose,is hereby adopted as part of the Redmond Municipal Code and Redmond Community Development Guide to read as follows: 20D.90.10-010 Purpose This division is established for the following purposes; (1) To regulate exterior lighting in order to avoid unsafe and unpleasant conditions as the result of poorly designed or installed exterior lighting. (2) To implement the light and energy conservation policies of the Comprehensive Plan. (3) To discourage excessive lighting. (4) To regulate the type of light fixtures,lamps and standards. (5) To protect low and low moderate density residential zones from the ill affects associated with non- residential and multi-family exterior lighting. (6) To create a safe environment during hours of darkness. (7) To avoid excessive lighting in order to promote the City's dark night sky policies. Section 3. Section 20D.90.10-020,Applicability,is hereby adopted as part of the Redmond Municipal Code and Redmond Community Development Guide to read as follows. 20D.90.10-020 Applicability (1) When an exterior lighting installation is part of a new development proposal requiring Site Plan Review,a General Development Permit or a Special Development Permit,the Technical Committee shall review and approve the lighting design as part of the permitting process. (2) The Technical Committee shall review and approve the lighting design as part of the permitting processing for projects undergoing redevelopment or expansion when the redevelopment increases the gross floor area or valuation by the criteria established in 20F.10.60(10)(a)and 20F.10.60(10)(a)(i)of these regulations. (3) These regulations do not apply to individual dwelling units,with the exception of common areas,which are regulated.Examples of common areas include,but are not limited to pathways,clubhouses,shared driveways, parking lots and play areas. 4. These regulations do not apply to Public Right of Way and shall not conflict with City Street Light standards and design criteria. (5) These regulations do not apply to lighting necessary for emergency equipment and work conducted in the interests of law enforcement or for the safety,health,or welfare of the community. (6) The regulation of sign lighting is governed by Chapter 20D.160. Section 4. Section 20D.90.10-030, General Requirements, is hereby adopted as part of the Redmond Municipal Code and Redmond Community Development Guide to read as follows: 20D.90.10-030 General Requirements (1) Site lighting trespass onto adjacent residential zones shall be minimised. (2) Site lighting shall minimise light spill into the dark night sky. (3) Where practical,exterior lighting installations shall include timers,dimmers,sensors,or photocell controllers that turn the lights off during daylight hours or hours when lighting is not needed,to reduce overall energy consumption and eliminate unneeded lighting. (4) Exterior lighting installations shall be designed to avoid harsh contrasts in lighting levels. (5) Fixtures and lighting systems used for safety and security shall be in good working order and shall be maintained in a manner that serves the original design intent of the system. (6) Vegetation and landscaping shall be maintained in a manner that does not obstruct security lighting and minimizes possible entrapment spaces. (7) The applicant shall submit to the Technical Committee sufficient information,in the form of an overall exterior lighting plan,to enable the Technical Committee to determine that the applicable provisions will be satisfied.The exterior lighting plan shall include at least the following: (a) Manufacturer specification sheets,cut-sheets or other manufacturer provided information for all proposed lighting fixtures. (b) The proposed location,mounting height,and aiming point of all exterior lighting fixtures. (c) If building elevations are proposed for illumination,drawings shall be provided for all relevant building elevations showing the fixtures,the portions of the elevations to be illuminated,the illuminance levels of the elevations,and the aiming point for any remote light fixture. (d) If needed to review proposed exterior lighting installations,the Technical Committee may request additional information following the initial lighting plan submittal,such as; (1) A brief written narrative,with accompanying plan or sketch,which demonstrates the objectives of the lighting. (2) Photometric data,Color Rendering Index(CRI)of all lamps(bulbs),and other descriptive information on the fixtures,and if applicable or required,designation as Illuminating Engineering Society of North America(IESNA)"cut-off'fixtures. (3) Computer generated photometric grid showing footcandle readings every 10 feet within the property or site,and 10 feet beyond the property lines at a scale specified by the Administrator.Iso- footcandle contour line style plans are also acceptable. (4) Landscaping information that indicates mature tree size,shrubbery and other vegetation in order to evaluate the long-term and seasonal effectiveness of lighting or screening of lighting. Section 5. Section 20D.90.10-040,Lighting Standards for Uses within 50 feet of Residential Zones, is hereby adopted as part of the Redmond Municipal Code and Redmond Redmond Community Development Guide to read as follows: 20D.90.10-040 Lighting Standards for Uses within 50 feet of Residential Zones (1) For exterior lighting installations and fixtures within 50 feet of low and low-moderate density residential zones(densities less than or equal to R-6),the following requirements shall apply: a. Lighting fixtures shall be no higher than 15 feet above grade. b. Lighting fixtures shall be aimed and shielded in a manner that shall not direct illumination on adjacent residential zones.Fixtures should be of a type or adequately shielded so as to prevent glare from normal viewing angles. c. Where feasible,additional landscaping maybe required by the Technical Committee to provide light screening between commercial zones and residential zones to help prevent light trespass.Where landscaping is used for light screening,the Technical Committee shall take into consideration the applicable landscaping standards found elsewhere in these regulations,the design standards found elsewhere in these regulations,the creation of excessive shadows or dark spaces,and views into and out of a site. (2) The height restrictions of this section[item 1(a)above]shall not apply to lighting used to illuminate outdoor performance areas,sport and recreation facilities,and playfields,except where such lighting fixtures are located within 50 feet of the property line of a low and low-moderate density residential use or vacant residential lot(densities less than or equal to R-6).Lighting of outdoor performance areas,sport and recreation facilities,and playfields shall also meet the standards in section 20D.90.10-080. Section 6. Section 20D.90.10-050, Open Air Parking Lot Lighting, is hereby adopted as part of the Redmond Municipal Code and Redmond Community Development Guide to read as follows: 20D.90.10-050 Open-Air Parking Lot Lighting (1) Open-air parking lots shall comply with the standards of this section in addition to the other requirements of this division. (2) For multilevel parking facilities,the roof level shall be considered an open-air parking lot. (3) Open-air parking lot lighting shall be designed to provide adequate vision,comfort and safety. (4) Open-air parking lot lighting shall be designed to provide for uniform lighting throughout the facility with no dark patches or pockets. (5) Open-air parking lot lighting shall be designed to provide a minimum value of lighting necessary for the safety and identification of features. (6) Open-air parking lot lighting shall not cause direct illumination on adjacent and nearby properties or streets.Fixtures should be of a type or adequately shielded so as to prevent glare from normal viewing angles. (7) In order to direct light downward and minimize the amount of light spilled into the dark night sky,all lighting fixtures serving open-air parking lots,except as allowed in subsection(8)below,shall be full cut-off fixtures as defined by the Illuminating Engineering Society of North America(IESNA). (8) If the design of an area suggests the use of parking lot lighting fixtures of a particular"period"or architectural style,the Technical Committee may permit alternatives or supplements to the lighting described above.In order to minimi7e the amount of light spilled into the dark night sky the following shall apply: a. Mounting heights of such alternative fixtures shall not exceed 15 feet above grade or pavement. (b) The Technical Committee shall require reasonable measures to minimi7e light trespass and light spill into the dark night sky. (9) The following mounting height regulations shall apply to open-air parking lot lighting fixtures. Mounting height shall be measured as the vertical distance between the parking surface and the bottom of the lighting fixture. (a) The maximum permissible mounting height of open-air parking lot lighting fixtures within 50 feet of low and low-moderate density residential zones(densities less than or equal to R-6)shall be 15 feet. b. The maximum permissible mounting height for open-air parking lot lighting fixtures,on top levels of structures,shall be 15 feet. (c) The maximum permissible mounting height of open-air parking lot lighting fixtures,not listed in (a)and(b)above,shall be 25 feet. (10)The Technical Committee may allow increases from Basic to Enhanced Security lighting levels(see table below),when personal security is an issue,such as where the parking facility is used during all hours of the day and night,where special security needs exist,or where vandalism or crime are possible.The Technical Committee may consider specific site characteristics,level of vehicle and pedestrian conflict,special security needs,and history or likelihood of crimes in making its determination. (11)The table below establishes open-air parking lot lighting standards. Basica Enhanced Security2 Minimum Footcandles on 0.2 fc 0.5 fc Pavement3 Maximum Footcandles on 4.0 fc 7.5 fc Pavement Uniformity Ratio 20:1 15:1 Maximum:Minimum4 Minimum Footcandles at 0.1 fc 0.25 fc five(5)feet Above Pavements Notes: fc=footcandle For typical conditions. During periods of non-use,the illuminance of certain parking facilities should be turned off or reduced to conserve energy. If reduced lighting is to be used only for the purpose of property security, it is desirable that the minimum (low point)value not be less than 0.1 footcandle. Reductions should not be applied to facilities subject to intermittent night use,such as at apartments, hospitals and transportation terminals. 2The Technical Committee may allow increases from Basic to Enhanced Security lighting levels, when personal security is an issue, such as where the parking facility is used during all hours of the day and night,where special security needs exist, or where vandalism or crime are possible.The Technical Committee may consider specific site characteristics, level of vehicle and pedestrian conflict, special security needs, and history or likelihood of crimes in making its determination. 3Measured on the parking surface,without any shadowing effect from parked vehicles or trees at points of measurement. 4The highest horizontal illuminance point at grade, divided by the lowest horizontal illuminance point or area should not be greater than the values shown. 5Measured at 1.5 meters(5.0 feet)above parking surface at the point of the lowest horizontal illuminance, excluding facing outward along boundaries. Section 7. Division 20D.90.10,Exterior Parking Lot Lighting in Transition Overlays, is hereby amended as part of the Redmond Municipal Code and Redmond Community Development Guide to read as follows: 20D.90.10-060 Exterior and Parking Lot Lighting in Transition Overlays. (1) See RCDG 20D.230.20-020,When Compliance with Transitional Regulations is Required,for the location of Transition Overlays and the identification of protected and complying zones. (2) Within Transition Overlays,exterior lighting shall be designed,located,constructed,and maintained to minimise light and reflected light trespass into protected zones. (3) Within Transition Overlays,interior parking structure lighting shall be designed,located,constructed,and maintained so that light and reflected light does not spill over or intrude into protected zones.The structure shall be designed and constructed so that light from cars within the structure does not spill over or intrude into protected zones.(Ord.2027). Section 8. Section 20D.90.10-070, Canopy Lighting and Lighting of Service Stations, is hereby adopted as part of the Redmond Municipal Code and Redmond Community Development Guide to read as follows: 20D.90.10-070 Canopy Lighting and Lighting of Service Stations (1) Lighting of such areas shall not be used to attract attention to the business.Signs allowed under the appropriate section of these regulations shall be used for that purpose. (2) Lighting levels shall be adequate to facilitate the activities taking place in such locations. (3) In order to minimise the extent of direct glare,light fixtures mounted on canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface(ceiling)of the canopy or shielded by the fixture or the edge of the canopy so that light is restrained to 85 degrees or less from vertical.The figure below,entitled Recessed Fixture,illustrates this. Recessed Fixture (4) As an alternative(or supplement)to recessed ceiling lights,indirect lighting maybe used where light is beamed upward and then reflected down from the underside of the canopy.When this method is used,light fixtures must be shielded so that direct illumination is focused exclusively on the underside of the canopy. (5) Lights shall not be mounted on the top or sides(fascias)of the canopy.The sides(fascias of the canopy) shall not be illuminated in a manner other than that proscribed under the section of these regulations regulating signs. (6) Areas around service station pump islands shall be illuminated so that the minimum horizontal illuminance at grade level is at least 1.0 footcandle and no more than 5.0 footcandles.The uniformity ratio(average illumination to minimum illumination)shall be no greater than 4:1.At the discretion of the Technical Committee,increased lighting levels may be permitted for enhanced security purposes only. Section 9. Section 20D.90.10-080,Lighting of Outdoor Performance, Sport Recreation Facilities,is hereby adopted as part of the Redmond Municipal Code and Redmond Community Development Guide to read as follows: 20D.90.10-080 Lighting of Outdoor Performance,Sport&Recreation Facilities&Playfields (1) Lighting levels for outdoor performance areas,sport and recreation facilities,and playfields shall not exceed by more than five(5)percent the Illumiting Engineering Society of North America(IESNA) published standards for the proposed activity. (2) Where playing fields or other special activity areas are to be illuminated,lighting fixtures shall be mounted, aimed and shielded so that their beams fall within the primary playing area and immediate surroundings,and so that no direct illumination is directed off the site. (3) The main lighting shall be turned off as soon as possible following the end of the event.The main lighting shall not remain on longer than thirty(30)minutes following the end of the event.Where feasible,a low level lighting system shall be used to facilitate patrons leaving the facility,cleanup,nighttime maintenance and other closing activities.The low level lighting system shall provide an average horizontal illumination level at grade of no more than 3.0 footcandles,with a uniformity ratio(average illumination to minimum illumination)not exceeding 4:1. Section 10. Section 20D.90.10-090,Security Lighting,is hereby adopted as part of the Redmond Municipal Code and Redmond Community Development Guide to read as follows: 20D.90.10-090 Security Lighting (1) Security Lighting is defined as lighting designed and used to discourage crime and undesirable activity. (2) Security Lighting should use the lowest possible illumination to effectively allow surveillance. (3) The use of sensor technologies,timers or other means to activate lighting during times when it will be needed may be required by the Technical Committee to conserve energy,provide safety,and promote compatibility between different land uses. (4) In order to direct light downward and minimise the amount of light spill into the dark night sky,all security lighting fixtures shall be full cut-off fixtures as defined by the Illuminating Engineering Society of North America(IESNA). (5) Security lighting shall be shielded and aimed so that illumination is directed to the designated areas. (6) Where security lighting is proposed,the table below shall govern the range of permissible light levels for the listed applications.Where a proposed security lighting application is not identified in the table below,the table shall be used as a guide for establishing the range of permissible light levels. Security Lighting Application Average Horizontal Illumination Level on Ground Large Open Areas 0.5—2.0 fc1 Buildings 0.5—2.0 fc' Perimeter Fence 0.5 fc2 Entrances 10 fci Gatehouses 30 fc4 Pedestrian Pathways and Access Routes 1 4—6 fc Notes: fc=footcandle 'The greater the brightness of the surrounding area,the higher the illuminance required to balance the brightness. 2llluminance on the ground. 3llluminance on the ground in the inspection area. 4llluminance on the work-plane in the gatehouse.This lighting must be dimmable to low levels at night so the guard can see outside the gatehouse. Section 11. Section 20D.90.10-100,Architectural Accent Lighting,is hereby adopted as part of the Redmond Municipal Code and Redmond Community Development Guide to read as follows: 20D.90.10-100 Architectural Accent Lighting (1) Fixtures used to accent architectural features,materials,colors,style of buildings,or art shall be located, aimed and shielded so that light is directed only on those features.Such fixtures shall be aimed or shielded so as to minimize light spill into the dark night sky.The Technical Committee may allow exceptions to this provision if minimal light escapes into the dark night sky or onto adjacent properties. (2) Lighting fixtures shall not generate excessive light levels,cause glare,or direct light beyond the façade onto neighboring property,streets or the night sky. (3) The maximum illumination of any vertical surface or angular roof surface in dark surroundings shall not exceed three(3)footcandles. (4) The maximum illumination of any vertical surface or angular roof surface in light surroundings shall not exceed five(5)footcandles. (5) Flags of the United States or Washington State may be illuminated from below provided such lighting is focused primarily on the individual flag or flags so as to limit light trespass and spill into the dark night sky. Section 12. Section 20D.90.10-110,Lighting of Landscaping,is hereby adopted as part of the Redmond Municipal Code and Redmond Community Development Guide to read as follows: 20D.90.10-110 Lighting of Landscaping 1. Illumination of landscaping shall utilize diffused or muted lighting,avoid glare,and minimize light trespass and escape beyond landscaping onto neighboring property,streets,or the night sky. Section 13. Section 20D.90.10-120, Temporary Lighting,is hereby adopted as part of the Redmond Municipal Code and Redmond Community Development Guide to read as follows: 20D.90.10-120 Temporary Lighting (1) Lighting used to illuminate temporary uses shall be reviewed,and if necessary conditioned,through the Temporary Use Permitting Process. (2) The Technical Committee may impose specific conditions for the lighting of temporary uses consistent with the purposes of this title. Section 14.Severability. If any section, sentence, clause, or phrase of this ordinance or any tax or law adopted or amended hereby should 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 or any tax or law adopted by amended hereby. Section 15.Effective Date. This ordinance,being an exercise of a power specifically delegated to the city legislative body,is not subject to referendum,and shall take effect five days after passage and publication of an approved summary thereof consisting of the title. CITY OF REDMOND MAYOR ROSEMARIE IVES ATTEST/AUTHENTICATED: CITY CLERK,BONNIE MATTSON APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By: FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: SIGNED BY THE MAYOR: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Last printed 5/25/2006 7:02:00 PM. Deleted:5/11/2006 6:04:00 PM CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO.06*** AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING SECTION CHAPTER 22.070 OUTDOOR LIGHTING STANDARDS OF THE SPOKANE VALLEY MUNICIPAL CODE, PROVIDING FOR SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City of Spokane Valley adopted the 2006-2026 Comprehensive Plan on ,2006;and WHEREAS, the City is required to adopt development regulations implementing the Comprehensive Plan within six months of adoption; and WHEREAS, outdoor lighting is also regulated by the Washington Energy Code (WAC 51.11); and WHEREAS, the proposed development regulations must be submitted to the Washington Department of Community Trade and Economic Development pursuant to WAC 365-195-620; NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Section 22.070 of the Spokane Valley Municipal Code is hereby amended to read as follows: 22.70 OUTDOOR LIGHTING STANDARDS 22.070.010 Purpose The regulation of outdoor lighting discourages excessive lighting of outdoor spaces, encourages energy conservation and prohibits lighting creating a nuisance for adjacent property owners. 22.070.030. Application The requirements of this chapter and the Washington Energy Code(WAC 51.11)apply to outdoor lighting except one and two family dwellings. 22.070.030. General Requirements The installation of new outdoor lighting or the extension, modification or expansion of existing outdoor lighting is subject to the following requirements: 1. The lighting allowance for covered parking, open parking and outdoor areas shall not exceed 0.20 watts per square foot of lot area, provided however,that the allowance may be increased to 0.30 watts per square foot for covered residential parking when ceilings and walls are painted or stained with a reflectance value of 0.70 or higher. 2. The lighting allowance for building exteriors, including landscaping lighting, shall not exceed either 0.25 watts per square foot of building facade or 7.5 watts per liner foot of building perimeter. 3. The maximum height of pole mounted outdoor lighting fixtures shall be calculated in feet by the following formula: Maximum Height=3+ D/3 1 I Last printed 5/25/2006 7:02:00 PM, r Deleted:5/11/2006 6:04:00 PM where D is the distance to the nearest property line. 4. All outdoor lights shall include a light source and reflector that control the light beam so that no light extends across any bounding property line above a height of three(3)feet. 5. Outdoor lighting fixtures shall be recessed or shielded so that the light source is not visible at any bounding property line except where topographical characteristics make this impossible. 6. All outdoor lighting systems shall be equipped with automatic switches conforming to the requirements of 1513.6.2 of the Washington Energy Code. 7. All applications for building permits shall be accompanied by a photometric analysis of the lighting effects prepared by a qualified engineer. 8. The mounting height of walkway lighting shall not exceed twelve feet and all fixtures mounted at a height of more than eight feet shall be fully shielded. 9. Lighting designed to accent landscaping features or architectural elements, including the illumination of pole-mounted flags of the United States. shall be concealed or positioned so that the light source is not visible at adjacent property lines. 10. Lighting for Outdoor Arenas, Stadiums and Playfields shall not remain on longer than (Formatted:Bullets and Numbering thirty(30) minutes following the end of the event. 22.070.040 Prohibited Lights The following lights are prohibited unless a temporary permit is obtained for specific events with specific times of operation: 1. Laser source light, strobe lights and similar high intensity light sources,except those associated with approved activities of the City of Spokane Valley. High intensity lights for which a temporary permit is issued shall not project above the horizontal plane nor extend into the public right-of-way. 2. Searchlights. 22.070.050 Exceptions 1. Navigation and airport lighting required for the safe operation of boats and airplanes; 2. Emergency lighting required by police,fire,and rescue authorities. 3. Lighting for state and federal highways authorized by the Washington Department of Transportation. 4. InternalJightingpf permitted signs. (Deleted:L Deleted:integral to 5. Outdoor lighting for public monuments. 22.070.060 Temporary Lighting The Building Official may authorize temporary exceptions not to exceed thirty days for good cause shown. Section 2. 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 3. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. 2 I Last printed 5/25/2006 7:02:00 PM, ,Deleted:5/11/2006 6:04:00 PM 1 PASSED by the City Council this t'day of ,2006. ATTEST: Mayor, Diana Wilhite City Clerk,Christine Bainbridge Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: 3