HomeMy WebLinkAboutAgenda 04/28/2005 SPOKANE VALLEY PLANNING COMMISSION AGENDA
Council Chambers -City Hall 11707 E. Sprague Avenue
6:00 p.m.—9:00 p.m.
***April 28, 2005 ***
/ I. CALL TO ORDER
v IL PLEDGE OF ALLEGIANCE ,
III. ROLL CALL •
C/V. APPROVAL OF AGENDA
V. APPROVAL OF MINUTEF
• April 14, 2005
VI. PUBLIC COMMENT`
VII. COMMISSION REPORTS-
VIII. ADMINISTRATIVE REPORT
IX. COMMISSION BUSINESS
J
New Business
• Public Hearing: Street Vacation Request STV-01-05 for the vacation of a
portion of 15th Avenue west of Chronicle Road (approximately 150 feet more or
less) in the Woodland Terrace Subdivision.
Public Hearing: Street Vacation Request STV 02-05 for an unimproved
remainder of Knox Avenue conveyed as right-of-way deeds west of Locust
Street and east of Argonne.
• Public Hearing: An ordinance relating the use, handling and storage of critical
materials-Tom Scholtens, Building Official
X. FOR THE GOOD OF THE ORDER
Xl. ADJOURNMENT
COMMISSIONERS CITY STAFF
'Fred Beaulac Marina Sukup, AICP
Robert Blum Greg McCormick, AICP
John G. Carroll, Vice-Chair Scott Kuhta, AICP
David Crosby, Chair Deanna Griffith
William Gothmann
Gail Kogle
Ian Robertson www.spokanevalley.org
Spokane Valley Planning Commission
Draft Minutes
Council Chambers — City Hall 11707 E. Sprague Ave
April 14, 2005
I. CALL TO ORDER
Planning Commission Vice-Chair Carroll determined we did have a quorum and
called the meeting to order at 6:03 in Commissioner Crosby's absence.
Staff attending the meeting are Marina Sukup, Community Development Director;
Gregory McCormick, Planning Manager; Tom Scholtens, Building Official; Sue
Pearson, Deputy City Clerk and Deanna Griffith, Administrative Assistant
Community Development
II. PLEDGE OF ALLEGIANCE
The Commission, audience, and staff recited the Pledge of Allegiance.
III. ROLL CALL
Fred Beaulac—Present Bill Gothmann— Present
Bob Blum — Present Ian Robertson— Excused
David Crosby—Absent* John G. Carroll — Present
Gail Kogle— Excused
*Arrived at 6:15
IV. APPROVAL OF AGENDA
Commissioner Gothmann moved that the April 14, 2005 agenda be
approved as presented. Commissioner Blum seconded the motion. Motion
passed unanimously.
V. APPROVAL OF MINUTES
It was moved by Commissioner Blum seconded by Commissioner Beaulac
that the minutes of the March 24, 2005 Planning Commission meeting be
approved. Motion passed unanimously.
VI. PUBLIC COMMENT
There was no public comment.
VII. COMMISSION REPORTS
Commissioner Blum reported that he had spoken and traveled with Chris Berg,
Code Enforcement Officer and was impressed by the performance of Mr. Berg in
his duties and how he deals with the public. He also attended the council
meeting in regard to the passing of the amended nuisance ordinance and the
discussion of hiring a public information officer.
April 10,2005 Planning Commission Minutes Page 1 of 4
Commissioner Beaulac attended a meeting with the North Greenacres
Neighborhood group. He said they are organized, well attended and have written
their own draft of a neighborhood plan. He also stated that Commissioner
Crosby wanted to be present for any discussion in regard to the North
Greenacres Neighborhood draft plan.
Commissioner Gothmann reported he attended the Edgecliff neighborhood
meeting and there were quite a few businesses there also. They also discussed
access in the area of the Zip's on Sprague just before the end of the couplet;
and said that the new building at Thierman and the couplet will make visibility
more difficult for those businesses in that area.
Chairman Crosby began a lengthy discussion of the North Greenacres
Neighborhood Planning Committee. We have received a copy of their
neighborhood comprehensive plan. Mr. McCormick explained that now is not the
appropriate time to be discussing it nor are we clear as to what exactly they are
looking for from us. Each Commissioner will receive a copy of the plan but until
we have a working copy of our own Comprehensive Plan, we will not be
considering their plan. It must be discussed at the appropriate time in the follow-
through of our own plan. A letter will be sent to the chair of their committee
explaining the process and when it will be appropriate for them to bring forth their
suggestions.
VIII. ADMINISTRATIVE REPORTS
Director Sukup thanked Sue Pearson, Deputy City Clerk for all her help and
support during the interim of the vacant administrative assistant position.
Director Sukup introduced the new administrative assistant to the Community
Development department, Deanna Griffith.
Ms. Sukup informed the commission that she would be on vacation next week
and unable to attend the work study session on April 19, 2005. She also restated
that we would draft a letter to the N. Greenacres Neighborhood group explaining
the process and when it would be appropriate to bring forward their recorded
testimony.
IX. COMMISSION BUSINESS
A. OLD BUSINESS:
None
B. New Business
Tom Scholtens, Building Official, presented to the Commission a draft
ordinance to establish a uniform development code relating to the use,
handing and storage of critical materials within the Aquifer sensitive area.
April 10,2005 Planning Commission Meeting Page 2 of 3
Discussion followed. Mr. Scholtens will provide to the Planning
Commission a list of hazardous and critical materials.
X. FOR THE GOOD OF THE ORDER
Director Sukup reminded everyone of the following dates:
Tues, April 19, 2005, Joint meeting, Review of the land use map with Council
XI. ADJOURNMENT
There being no further business, the meeting was adjourned at 7:30 p.m.
SUBMITTED: APPROVED:
Deanna Griffith, Administrative Assistant David Crosby, Chairman
April 10,2005 Planning Commission Meeting Page 3 of 3
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: April 28, 2005 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 — Street Vacation Request (STV-01-05) for the
vacation of a portion of 15th Avenue west of Chronicle Road (approximately 150 feet more or
less) in the Woodland Terrace Subdivision.
PREVIOUS COUNCIL ACTION TAKEN: City Council adopted Resolution No. 05-003 on April
12, 2005, setting the date for a public hearing .
BACKGROUND: The applicant South Terrace Spokane, LLC, do Brian Main, 12810 East Nora
Avenue, Spokane Valley, Washington 99216 requests the vacation of an unimproved portion of
15th Avenue west of Chronicle Road (approximately 150 feet more or less) in the Woodland
Terrace Subdivision. Presently a "private road" has been constructed within a portion of the
public right-of-way, west of the proposed vacation.
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The Planning Commission must make findings on the following as part of their recommendation
to City Council:
A. Whether a change of use or vacation of the street or alley will better serve the public;
B. Whether the street or alley is no longer required for public use or public access;
C. Whether the substitution of a new and different public way would be more useful to the
public;
D. Whether conditions may change in the future as to provide a greater use or need than
presently exists; and
E. Whether objections to the proposed vacation are made by owners of private property
(exclusive of petitioners) abutting the street or alley or other governmental agencies or
members of the general public.
The property was originally platted around the turn of the century in a grid. The topography of
the area and location of the floodplain will not permit the extension of the street west of
Chronicle Road.
Petitioner owns all property abutting the proposed vacation.
OPTIONS: 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: Marina Sukup, AICP, Community Development Director
STAFF REPORT
Sp"o`lane
PROPOSED VACATION OFA PORTION OF 15TH AVENUE WEST
galleyOF CHRONICLE ROAD
Prepared by: Marina Sukup, AICP, Director, Department of Community Development
Date: April 15, 2005
Findings:
1. Abutting Properties. The right-of-way proposed for vacation is located west of
Chronicle Road extending for 150 feet, more or less. Property is located within the 100-
year floodplain in an unnumbered A-Zone and includes a drainage channel. South
Terrace Spokane, LLC, the petitioner owns all abutting property.
2. Utilities. Qwest will require a ten foot easement for cable located along the northern
right-of-way of the property to be vacated. Avista has no facilities or objections to the
proposal. Additional easements may be required for the City of Spokane
water/wastewater utilities.
3. Access. Petitioners have access to the property from Chronicle Road and remaining
portions of 15th Avenue.
4. Zoning. Zoning for the property is UR 3.5 Low-Density Residential.
5. Transportation. The property is not required for transportation purposes.
6. Condition. The property is unimproved except for utility installations.
7. Assignment of vacated portions of right-of-way. Petitioners own all abutting property
and vacated property should be assigned to petitioner South Terrace Spokane, LLC.
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. This portion of 15th Avenue is no longer required for public use or public access;
3. The substitution of a new and different public way is neither necessary nor feasible.
4. The property is part of an existing residential development and it is unlikely that
conditions will change in the future to provide a greater use or need than presently
exists; and
5. No objections have been received to the proposed vacation.
draft
FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING
COMMISSION
April 28, 2005
Findings.
1. The Planning Commission held a public hearing on April 28, 2005, to receive
testimony concerning the vacation of a portion of Know Avenue west of Locust Street
and east of Argonne. The date of the hearing was set by City Council on April 12,
2005 by Spokane Valley Resolution No. 05-003. Notice of the hearing was
published on April 15, 2005 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.
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. This portion of 15th Avenue is no longer required for public use or public access;
5. The substitution of a new and different public way is neither necessary nor feasible.
6. The property is part of an existing residential development and it is unlikely that
conditions will change in the future to provide a greater use or need than presently
exists; and
7. No objections have been received to the proposed vacation.
Conclusions.
The Spokane Valley Planning Commission therefore recommends to the City Council that that
portion of Knox Avenue located west of Locust Street be vacated to the petitioners subject to:
a) a record of survey 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. the record of survey shall contain the professional stamp
and signature of the registered surveyor and should be 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; and
b) Placement of 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.
c) Payment of 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.
Approved this 28th day of April, 2005
David Crosby, Chairman
ATTEST
Deanna Griffith, Secretary
SUPERIOR COURT OF WASHINGTON FOR SPOKANE COUNTY
In the Matter of
NOTICE OF PUBLIC HEARING ) No.
(Vacation of a portion of 15th Avenue
west of Chronicle Rd. in the Woodland ) AFFIDAVIT OF PUBLISHING
Terrace Subdivision.) ) NOTICE
)
STATE OF WASHINGTON ) •
)ss.
County of Spokane )
MICHAEL HUFFMAN,being first duly sworn on oath deposes and says that he is the MANAGING EDITOR,of
The Spokane Valley News Herald,a weekly newspaper.That said newspaper is a legal newspaper and it is now and has been for more
than six months prior to the date of the publication hereinafter referred to,published in the English language continually as a weekly
newspaper in Spokane County,Washington,and it is now and during all of said time was printed in an office maintained at the aforesaid
place of publication of said newspaper,which said newspaper had been approved as a legal newspaper by order of the Superior Court
of the State of Washington in and for Spokane County.That the following is a true copy of a public notice as' as published in regular
issues commencing on the 15th day of April, 2005,, and ending the 15th day of April, 2005 all • inclusive,and that such
newspaper was regularly distributed to its subscribers during all of said peri••.
i
CITY OF SPOKANE VALLEYI
-SPOKANEVALLEY PLANNING
COMMISSION" -
NOTICE OF PUBLIC HEARING 4Ur4:44 'SCRI •
BE+ D, , .0"SWORN to before me
Notice is hereby given that the Spokane this 15th day �'April 2005.
Valley City Planning Commis ,
sion will-hold the
following public hearing to receive input on=a
request for the vacatioTnf a portion of,15th State of Washington
Avenue:west of Chronicle Road inthee
Woodland Terrace Subdivision County of Spokane
,Hearing05, :00tp a.d Time thihurereafter
eApril
I certify that I know or have satisfactory evidence that
26,2005 6 00 p.m.(or as-soon thereafter as'.
. possible) _ Michael Huffman is the person who appeared before
Hearing Place:Spokane Valley-City+fall. me, and said person acknowledged that he signed
Council C ne Valley Wa. ' •'
s;'11707:E.Spregue:Ave
Ave-
nue,Spokane Vallthis instrument and acknowledged it to be his free
'
and voluntary act for the uses and purposes men-
-4:30 p m.,Ap12Comments:05 to the Dep arem ,til '1,p,AE I�,',",, honed in e instrument.
Community Development or e-mailed to ��
O. •••
ospokanevalley.org Call 9211000 47/ gON
for questions. :4s FaoF4V'•.�'
Christine Ba nbndge,CMC pVBL1C i g:: Jolene Rae)n.
Spokane Valley City Clerk
4-15-2005 /c ; Title: No Public
of�;�� \ My appoint expires: 5-16-07
�I/111111111,,
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: April 28, 2005 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. Street Vacation Request STV 02-05 for an
unimproved remainder of Knox Avenue conveyed as right-of-way deeds and recorded under
Auditor's File Nos. 7504170236 and 7504170237.
PREVIOUS ACTION TAKEN: City Council adopted Resolution No. 05-004 on April 12, 2005,
setting the date for a public hearing .
BACKGROUND:
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Applicant Fort Knox Investors, LLC, represented by Jeff Johnson, Kiemle & Hagood, West 601
Main Avenue, Suite 400, Spokane , WA 99201, the owner of Parcels No. 45803.0260,
45083.0503 and 45083.0504 and Kenneth Scholz, 2119 N. Locust Road, Spokane Valley,
99206, request the vacation of an unimproved remainder of Knox Avenue.
Resolution SW 02-05
April 12,2005
The Planning Commission must make findings on the following as part of their recommendation
to City Council:
A. Whether a change of use or vacation of the street or alley will better serve the public;
B. Whether the street or alley is no longer required for public use or public access;
C. Whether the substitution of a new and different public way would be more useful to the
public;
D. Whether conditions may change in the future as to provide a greater use or need than
presently exists; and
E. Whether objections to the proposed vacation are made by owners of private property
(exclusive of petitioners) abutting the street or alley or other governmental agencies or
members of the general public.
The configuration of the easement would indicate that partial vacation of the right-of-way was
approved, probably as part of a subdivision or binding site plan action for adjacent properties.
The property interests of abutting property owners will be presented at the hearing. The
property is accessed through easements across the Tidyman's property located to the west. A
sanitary sewer line owned by Spokane County Utilities is located along the northern part of the
property.
A thirty-foot easement will be reserved for Spokane County Utilities. Other easements may also
be required for existing or future utilities including Modem Electric, Avista, Comcast, and Qwest.
The request has also been submitted to Spokane County Fire District No. 1.
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: Marina Sukup, AICP, Community Development Director
STAFF REPORT
(Ei) cis PROPOSED VACATION OF A PORTION OF KNOX AVENUE
Spokane
.0,00Valley
Prepared by: Marina Sukup, AICP, Director, Department of Community Development
Date: April 15, 2005
Findings:
1. Abutting Properties. The right-of-way proposed for vacation is located east of Argonne
and west of Locust Street. There is no record of vacation of any portion of Knox Avenue
by Spokane County in this area. Existing development to the north includes multi-family
properties owned by Cedar Ocean View Partners, LLC (Assessor Parcel No.
45083.0231) and Ferris View Properties/Gough Trust (Assessor Parcel No.
45083.0241). Tidyman's owns property abutting the proposed vacation to the west
(Assessor Parcel No. 45083.0256). The improved portion of Knox Avenue ends at the
Tidyman's property line. The property is does not abut a body of water.
2. Utilities. A thirty-foot easement will be reserved for Spokane County Utilities. Other
easements may also be required for existing or future utilities including Modem Electric,
Avista, Comcast, and Qwest. The location of these easements is a requirement of the
record of survey.
3. Access. The properties of the petitioners Ft. Knox Investors, LLC have access through
recorded access easements through the Tidyman's property to the west. Petitioner
Kenneth Scholz has frontage on Locust Street. A gate installed by Spokane County
Utilities restricts access from Locust Street.
4. Zoning. Zoning for the property and abutting tracts is B-2 Community Commercial.
5. Transportation. Existing development precludes the possibility of extending Knox
Avenue to the east.
6. Condition. The property is unimproved except for utility installations. The size, access
and condition of the property precludes use by the City. The property has not been
maintained.
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 has been
transferred to them by land use action. 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. Knox Avenue is no longer required for public use or public access;
3. The substitution of a new and different public way is neither necessary nor feasible.
4. 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
5. No objections have been received to the proposed vacation.
draft
FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING
COMMISSION
April 28, 2005
Findings.
1. The Planning Commission held a public hearing on April 28, 2005, to receive
testimony concerning the vacation of a portion of Know Avenue west of Locust Street
and east of Argonne. The date of the hearing was set by City Council on April 12,
2005 by Spokane Valley Resolution No. 05-004. Notice of the hearing was
published on April 15, 2005 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.
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. Knox Avenue is no longer required for public use or public access;
5. The substitution of a new and different public way is neither necessary nor feasible.
6. 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
7. No objections have been received to the proposed vacation.
Conclusions.
The Spokane Valley Planning Commission therefore recommends to the City Council that that
portion of Knox Avenue located west of Locust Street be vacated to the petitioners subject to:
a) a record of survey 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. the record of survey shall contain the professional stamp
and signature of the registered surveyor and should be 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; and
b) Placement of 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.
c} Payment of 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.
Approved this 28th day of April, 2005
David Crosby, Chairman
ATTEST
Deanna Griffith, Secretary
SUPERIOR COURT OF WASHINGTON FOR SPOKANE COUNTY
In the Matter of
NOTICE OF PUBLIC HEARING ) No.
(Vacation of an unimproved remainder
of Knox Avenue) ) AFFIDAVIT OF PUBT.TSHING
) NOTICE
)
STATE OF WASHINGTON )
)ss.
County of Spokane )
MICHAEL HUFFMAN,being first duly sworn on oath deposes and says that he is the MANAGING EDITOR,of
The Spokane Valley News Herald,a weekly newspaper.That said newspaper is a legal newspaper and it is now and has been for more
than six months prior to the date of the publication hereinafter referred to,published in the English language continually as a weekly
newspaper in Spokane County,Washington,and it is now and during all of said time was printed in an office maintained at the aforesaid
place of publication of said newspaper,which said newspaper had been approved as a legal newspaper by order of the Superior Court
of the State of Washington in and for Spokane County.That the following is a true copy of a public notice as it was published in regular
issues commencing on the 15th day of April, 2005,, and ending the 15th day of April, 2005 all ••tes inclusive,and that such
newspaper was regularly distributed to its subscribers during all of said period: -/
PITY OF OKANE VA SPOKANE VALLEY NNIN ~,
11‘111e7
SPOKANE VALLEY PLANNING
COMMISSION
NOTICE OF PUBLIC HEARING S S BSCRIB, .� and SWORN to before me
Notice Ci y lannng.Cven issi the Spokane this 15th Cly April,Valley- Ctt;Plenum Commission will-hold the'- this a of A ril 2005.
following public hearing.to receive Input on a
request for the vacation'of an unimproved. State Of Washmgton
remainder of.Knox Avenueconveyed as right
of-way deeds and under-Auditor's County of Spokane
Eile Nos.7504170236 and 7504170237:-
Hearing Date and Time Thursday April I certify that I know or have satisfactory evidence that
28,2005,6:00 p.m.tor'as soon thereafter as
possible) Michael Huffman is the person who appeared before
Hearing Place:Spokane Valley City Hall me, and said person acknowledged that he signed
Council Chambers,11707 E.Sprague Ave- this instrument and acknowledged it to be his free
nue,Spokane Valley,wa: and voluntary act for the uses and purposes men-
Written Comments:May be submitted until `ottl lit: tioned in t re instrument.
4:30 p.m.,April 28 2005 to the Department, ��� RAE ,
of Community Development or e-mailed'fo tai, .. F,L
planning@spokanevalley.org.-Call.921-1000:• Cp;•,s\ON NON 647%
for questions. 2 p � i9
Christine Bainbridge,CMC • -3•o NOTARY ; = Jolene Rae en'r
Spokane valley city Clerk =
°.::
PUBLIC o= Tide: Nota public
1;1-_.4-15.2005 .
NyT.. 05-16.x: . My appoin •t expires: 5-16-07
1/ rOF
f f tNi 'S'
lb.e City of
40111111W
PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT
.ifs=s
April 21, 2005
Marina Sukup, AICP
City of Spokane Valley
11707 E. Sprague Ave. Ste. 106
Spokane Valley, WA 99206
Re: Determination of Non-Significance
Dear Ms. Sukup:
Thank you for the opportunity to comment on the Determination of Non-Significance we
received regarding the ordinance establishing Section 10.03.03.9 of the Spokane Valley Uniform
Development Code establishing strict performance standards for the use, handling, or storage of
critical materials to protect a sole source aquifer and to prohibit the disposal of critical materials
within the Aquifer Sensitive Area.
In light of the recent events involving the Burlington Northern and Santa Fe Railway Co.'s
refueling station in Hauser, ID,we hope that the City of Spokane Valley does what is necessary
to prevent any similar occurrences.
The City of Liberty Lake supports your efforts and any ordinances that protect the aquifer. If we
can help in any way to help you achieve this goal, please contact us.
If you have any questions, please call me at (509)755-6706.
Sincerely,
IPPPr
Doug S Director
22710 E.COUNTRY VISTA BLVD..LIBERTY LAKE WA 99019
TELEPHONE(509)755-6707 F.A. :(509)755-6713
WWW.LIB E RTYLAKE W A.GO V
CITY OF SPOKANE VALLEY,WASHINGTON
ORDINANCE NO.05-
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING
ARTICLE II SECTION 10.03.03.09 OF THE SPOKANE UNIFORM DEVELOPMENT CODE
RELATING TO THE USE,HANDLING AND STORAGE OF CRITICAL MATERIALS WITHIN
THE AQUIFER SENSITIVE AREA, PROVIDING FOR SEVERABILITY, AND EFFECTIVE
DATE.
WHEREAS; Title 10 Article V Section 10.03.03 of the Spokane Valley Uniform Development Code
established Critical Areas regulations in accordance with RCW 35A.11.020; and
WHEREAS; the Interim Comprehensive Plan establishes goals and policies that include the prevention
of the degradation of groundwater quality, protection of groundwater quality, consistent enforcement of
regulations and regular updating of critical aquifer recharge protective measures; and
WHEREAS,the City of Spokane Valley proposes to supplement development regulations within the
Aquifer Sensitive Area, in accordance with those Goals and Policies; 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 10.03.03.09 is hereby established to read as follows:
"ARTICLE II USE,HANDLING& STORAGE OF CRITICAL MATERIALS
10.03.03.09.01 Purpose and intent.
The purpose and intent of these supplemental regulations within the aquifer sensitive area (ASA) is to
protect the source of the Spokane area water supply from additional long term contamination. This article
applies to any person, firm or corporation that establishes or proposes to establish, a land use or activity
which involves the storage or use of critical materials within the ASA.
10.03.03.09.02 Objectives.
The objectives of this chapter are:
(1)To allow use,handling or storage of critical materials where adequate protection of the aquifer
resource can be,or is, assured; and
(2)To establish strict performance standards for use,handling or storage facilities associated with
critical materials so as to preclude their introduction into the aquifer;and
(3)To prohibit disposal of critical materials within the ASA.
10.03.03.09.03 Definitions.
1. "API 653" means the American Petroleum Institutes' standards for Tank Inspection,
Repair, Alteration, and Reconstruction. API 653 provides minimum requirements for
maintaining the integrity of welded or riveted, atmospheric pressure, aboveground
storage tanks after they have been placed in service. It covers the maintenance inspection,
repair,alteration,relocation, and reconstruction of such tanks.
2. Building Official shall mean the Spokane Valley Building Official or his duly authorized
representative.
3. "Critical material" means a substance present in sufficient quantity that its accidental or
intentional release would result in the impairment of one or more beneficial uses of
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aquifer water. Current beneficial uses of aquifer water include, but are not limited to,
domestic and industrial water supply, agricultural irrigation, stock watering and fish
raising. For the purpose of administration of this Code, the Critical Materials List is
established as part of this Code. The List includes the names of specific chemicals and
classes of chemicals which, based on current criteria and standards, are known to affect
the beneficial use of water.
4. "Critical material activity" means any non-residential land use which has on-site, for
storage, sale use in manufacturing or other purpose, any substance listed in a quantity
equal to that listed.
5. "Interstitial space" means the volume between two separate layers of a secondary or
multiple containment system. The space may be filled with air or other gas or it may be
filled with a porous material.
6. "Interstitial monitoring" means a method of leak detection based on determining if there
has been a failure of one of the containment layers surrounding an interstitial space.
Monitoring methods may include the detection of pressure changes within the space,the
detection of vapors from the contained material within the space or, the physical
detection of contained material or water from outside the container within the space.
7. "Leak detection" means a procedure for determining if the material in a primary
container has escaped into the outside environment or has invaded an interstitial space in
a multiple containment system.
8. "Multiple containment" is a means of spill or leak control involving a containment
structure having one or more layers of material between the primary container and the
environment. Containment layers must be resistant to the material stored. The volume
within the containment system must be at least as large as the primary container.
Containment layers may be separated by an interstitial space.
9. "NFPA 30"means the National Fire Prevention Association's Flammable and
Combustible Liquids Standard.NFPA 30 is the industry's most comprehensive source for
safety rules on flammable and combustible liquids. It provides: Information on proper
sitting of bulk storage tanks, including separations from property lines and tank-to-tank
spacing Design requirements for spill control, and normal and emergency relief vents
Fire protection requirements for container storage in storage cabinets,and inside rooms
and warehouses--including spill containment and drainage and design criteria for fire
protection systems Fire safety requirements for proper handling and use of liquids.
10. "Primary container" is the container that is in direct contact with the material of concern
during the course of normal transport,use or storage.
11. Regulated substance. For purposes of this chapter"regulated substance"referred to in 42
U.S.C. 6991(2)means"critical material."
12. "Secondary containment" is a means of spill or leak containment involving a second
barrier or tank constructed outside the primary container and capable of holding the
contents of the primary container.
13. "Underground storage tank" means any storage container meeting the definition in 42
U.S.C. 6991(1).Aggregates of tanks that are hydraulically connected are considered to be
one tank.Any tank and the associated piping used for the storage of liquids which is to be
installed so that ten percent or more of the total volume (including the volume contained
in piping)lies below the ground surface.
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10.03.03.09.04. Administrative guides for implementation.
(a) The geographic extent of the aquifer sensitive area (ASA) is delineated on maps, as now or
hereafter may be updated and supplemented.
(b)The Building Official may use design standards contained in the International Building Code,
the International Fire Code or standard practices of the industry.
10.03.03.09.05 Designation of critical materials use activities.
(a) The Building Official may require that the application for any nonresidential building permit
be accompanied by a list of chemicals to be maintained on site.
(b) Based on the list of materials provided, the Building Official shall designate any proposed
facility that will have one or more critical materials on site as a critical materials activity.
(c)Upon reviewing the plans, the Building Official will define the areas subject to the secondary
containment requirements.
(d)When it is determined that a use for which a permit has been required is a critical use activity,
a fee will be assessed pursuant to Master Fee Schedule for the review and inspection of critical
use activity and materials.
(e) Any facility approved without secondary containment after the effective date of this article
later found to have critical materials on-site, shall be modified to incorporate appropriate
containment facilities or be subject to loss of the certificate of occupancy.
10.03.03.09.06 Critical materials lists.
Any activity which involves the use, handling or storage of a critical quantity of material on the Critical
Materials List shall be designated a critical materials use activity and is subject to the provisions of this
code.
(a) Critical materials include all those substances for which ground water standards have been
established under 173-200 WAC, water quality standards for ground waters of the state of
Washington, or for which drinking water standards have been established under 246-290 WAC,
drinking water regulations of the state of Washington and included in the list contained in Section
14.706.200 of the Interim Zoning Regulations,as it may be amended from time to time.
(b) Critical material activities are those nonresidential land used activities that maintain on-site a
quantity of material equal to or greater than that tabulated under"critical quantity."
(c) The critical materials activity list contained in Section 14.706.300 of the Interim Zoning
Regulations, as it may be amended from time to time, is a tabulation of business activity types in
the county likely to have critical materials on site. While not exhaustive,the list serves as a guide
to aid in project review and will be available for review by building proponents and the general
public.
10.03.03.09.07 Application of critical materials standards.
(a) Plans submitted shall show appropriate safeguards included in the design of newly constructed or
remodeled buildings, including the installation of underground storage tanks, meeting the
performance criteria established in Section 10.03.03.09.08.
(b) A certificate of occupancy shall be required for all new or re-occupied facilities using, handling
or storing critical materials.
10.03.03.09.08 Standards for nonresidential uses.
(a) Any above ground storage of critical materials requires:
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1. A secondary containment mechanism that will prevent any leak or spill from leaving the site or
infiltrating into the ground below.
a) Secondary containment shall be provided in areas of the facility where the critical
materials are stored, used and along corridors where chemicals are moved within the
facility.
b) The containment facility shall be capable of holding one hundred ten percent(110%)
of the volume of critical material or three times the volume of the largest container of
material,whichever is greater.
c) Outdoor facilities shall make provision for containing the required volume of spill
and precipitation that occurs during a storm event equivalent to that required for
storm drainage design.
2. Secondary containment facilities should facilitate the proper clean up and disposal of spills or
leaks.
a) No secondary containment facility shall be connected to any sanitary or storm sewer
system, including drywells, without pretreatment facilities appropriate to the
substances maintained on-site, installed between the containment facility and the
discharge.
b) A spill clean up plan shall be developed to define proper procedures for maintaining
and cleaning containment facilities and to identify proper disposal practices for any
critical materials removed from the containment facilities.
3. Permanent disposal of any waste containing critical materials shall not be allowed within the
aquifer sensitive area.
(b) When underground storage for any critical materials is included in the design of any facility,the
storage vessel and associated piping and transfer equipment shall be protected by a secondary
containment system.
1. In addition to any product inventory monitoring program the tank owner may institute,
the interstitial space between primary and secondary containment shall be monitored on a
schedule approved by the Building Official.
2. Monitoring records shall be retained for not less than two years. Records for the latest
six-month period shall be available on twenty-four-hour notice. Those older than six
months shall be available within five working days.
3. Underground tanks installed solely for the purpose of containing spills or leaks are
exempt from secondary containment requirements.
10.03.03.09.09 Above ground bulk storage of critical materials.
(a) In addition to the containment prescribed in Section 10.03.03.09.08 and the requirements of Chapter
173-180A WAC, new facilities with aboveground tanks having an individual net storage capacity of
ten thousand gallons or more of critical materials shall include special provisions to insure all
facilities will meet API Standard 2610 for Design, Construction, Operation, Maintenance, and
Inspection of Terminal and Tank Facilities, and shall include provisions for secondary containment
for the following:
1. All pipes, pumps and valves associated with carrying critical materials to or from the storage
facility,and shall be located aboveground to the extent possible.
2. All areas where critical materials are transferred from conveyances, such as trucks, rail cars and
pipelines,to the bulk storage facilities.
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(b)New aboveground tanks for the storage of critical materials with an individual net storage capacity of
ten thousand gallons or more, shall meet the secondary containment requirements outlined in
10.03.03.09.08 of this article and 173-180A-080 WAC. In addition,the following requirements shall
apply:
1. Any new tank installed to store critical materials shall be equipped with a multiple containment
system and leak detection.
2. Any new single-bottom tank constructed of steel or similar shall have secondary containment,
leak detection and cathodic protection installed as an integral part of the tank structure.
"Secondary containment" means a double bottom with interstitial monitoring or an equivalent
system of tank liners and leak detection.
3. Any new tank system shall be installed within new diked areas totally lined by a multiple
containment system composed of material resistant to the chemical stored in the facility having
hydraulic conductivity less than 1 x 10-6 centimeters per second at the anticipated hydrostatic
loads. Interstitial monitoring shall be provided between the containment layers when appropriate.
(Note for interpretation: This means that the secondarily contained tank described in subsection
(b)(1)above lies within a secondary containment berm--creating a multiple containment system.)
4. Uncovered diked areas shall be constructed to contain one hundred ten percent of the volume of
the largest tank within the containment area. Stormwater management for runoff generated within
the diked areas shall conform to the Department of Ecology's State General Permit and Spokane
Valley's guidelines for stormwater management prior to disposal.
5. When used for emergency containment of tank contents, dikes shall be designed and constructed
to comply with the requirements of NFPA 30.
6. For any new tank, a tank leak detection system shall be installed and monitored for leakage by
visual, mechanical or electronic leak detection methods. Monitoring reports shall be kept on file
for a period of five years and shall be available for review at the request of the director.
Inspection reports prepared for compliance with Chapter 173-180D WAC shall be considered
adequate for compliance with this section.
7. Test holes shall be provided at the time of construction of the containment area, in a number
which has been approved by the Building Official, under the containment area for future
monitoring regarding the possibility of contamination.
(c) Any individual aboveground tank with a net storage capacity of ten thousand gallons or more in bulk
storage facilities in existence at the time of adoption these regulations shall be required to meet the
following requirements:
1. Be inspected and repaired as required by API Standard 653; and
2. Meet the compliance schedule as required by the existing United States Department of
Transportation, United States Environmental Protection Agency and Washington Department of
Ecology regulations.Tanks inspected and upgraded in compliance with the above schedule prior
to the adoption of this regulation shall be re-inspected and upgraded in accordance with this
article within ten years of the initial inspection;and
3. Be upgraded,when the tank is emptied for inspection and repair in accordance with the applicable
compliance schedule to include a coated, cathodically protected single bottom and under-tank
leak detection, a double bottom and with interstitial monitoring or an equivalent system of tank
bottom lining, leak detection and interstitial monitoring; and
4. When the tank is upgraded, the berm area around the tank shall also be upgraded. The berm area
outside the footprint of the tank shall be equipped with a multiple containment system composed
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of two or more layers of material with a hydraulic conductivity of less than 1 x 1e centimeters
per second at the anticipated hydrostatic loads.The multiple containment layers of the berm areas
shall be sealed to the tank to prevent any spilled or leaked material from migrating under the tank;
and
5. Uncovered diked areas shall be constructed to contain one hundred ten percent (1.10%) of the
volume of the largest tank within the containment area. Stormwater management for runoff
generated within the diked areas shall conform to the Department of Ecology's State General
Permit and Spokane Valley's guidelines for stormwater management prior to disposal; and
6. When upgraded, pumps, pipes and other facilities associated with tanks shall be placed
aboveground within berm containment areas or be replaced with double walled units with
interstitial monitoring at the time the tank containment is upgraded. Aboveground facilities shall
be protected from impact with vehicles and machinery by protective walls or bollards. Pumps,
pipes and other facilities not within secondary containment areas shall be pressure tested at least
once a year.Records of pressure testing shall be kept on file for at least five years; or
7. The facility shall be upgraded to multiple containment standards if such tank is relocated.
(d) Retrofitting an aboveground tank with an individual net storage capacity of ten thousand gallons or
more,with multiple containment, shall require a building permit. ..
(e) Annual inspection of aboveground tanks with an individual net storage capacity of ten thousand
gallons or more shall be conducted to verify that required secondary containment facilities are
maintained, that clean up materials and equipment needed to implement clean up plans are available and
that proper notification of leaks and spills occurs. Inspection reports shall be kept on file for a period of
five years and shall be made available for review at the request of the Building Official.Inspection reports
prepared for compliance with Chapter 173-180D WAC shall be considered adequate for compliance with
this section.
10.03.03.09.10 Underground tanks
(a) This section implements provisions of Subchapter IX, Regulation of Underground Storage Tanks, of
"The Hazardous and Solid Waste Amendments of 1984" (Sec. 1,P.L. 98-616; 42 USC 6991-6991(i)
and 42 USC 6901, et seq.("Resource Conservation and Recovery Act of 1976."(RCRA)
(b) UST's are classified as follows:
1. "Active use UST" means a UST in actual use for receipt, storage or delivery of substances, as a
UST,within any ninety-day period.
2. "Short-term out of service UST"means a UST not in active use within any ninety-day period.
3. "Long-term out of service UST" means a UST not in active use within any one-year period or
longer,where application for this status is approved prior to placing it out of service.
4. "Abandoned in place UST" means a UST permanently prepared for nonuse and left in place,
where application for this status is approved prior to placing it out of service..
(c) No person may own or maintain an underground storage tank(UST) installation, unless the same is
registered and approved pursuant to a permit and a current approval tag has been issued.
(d) To secure an initial permit, to transfer an existing permit or to maintain an approval tag, the
installation shall provide evidence that the UST passed a precision leak test approved by the
Building Official. The permit or approval tag is conditioned upon annual leak tests for any UST not
installed with secondary containment for the duration of the permit. The permit shall be valid for a
period of five(5)years.
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(e) Leak tests shall be conducted not more than six months prior to an application for a permit or tag
approval. Leak test methods shall be based on statistically reliable measurement, down to five
hundredths of a gallon per hour, including temperature compensation, or in accordance with the
latest recommendations of the National Fire Protection Association.
(f) The Building Official may approve alternative methods of monitoring leaks.
(g) Approval tags or tank certificates shall be displayed in a conspicuous location on the premises at all
times.
(h) Approval tags or tank certificates may be revoked for any of the following reasons:
1. Failure to maintain adequate records; or
2. Violation of any condition or requirement of the permit; or
3. Failure to comply with an order of the Building Official.
(i) The building official shall provide prior written notice to any property owner of an impending
enforcement action. This section does not limit emergency enforcement powers or liabilities of any
party.
10.03.03.09.11 Required inventory and test records.
(a) Records of UST shall be maintained on the premises and shall be available for inspection during
regular business hours. Records shall include the following information:
1. Type of product received, stored or delivered;
2. Volume thereof;and
3. Name and address of vendor of product; and
4. Test results for the term of the permit.
(b) Records of UST's holding substances not intended for resale or transfer to a third party may be
reconciled on a weekly basis rather than daily if, and only if:
1. Individual or aggregate UST(connected hydraulically) capacity is less than one thousand
one hundred gallons; or
2. Weekly volume exchange is less than five percent (5%) of tank capacity. Exchanges
within a system of tanks not involving exterior product release or receipt are not
considered volume exchanges for purposes of this provision.
(e) As used herein, "reconcile" means any method approved by the Building Official wherein the
beginning and ending tank volumes are compared to logs or reliable records of vehicles or other vessels
transferring product in or out of the subject tank. Where output metering is in place, alternative
monitoring or testing may be approved in lieu of reconciliation.
10.03.03.09.12 Reporting failures,leaks and leak risks.
(a)The following events shall the reported within three business days,regardless of cause or fault:
1. A failure to perform accurate records reconciliation;
2. A reconciliation discrepancy, irregularity or apparent loss or gain of product not explained as
normal variation in permittee's inventory records.
3. A loss or destruction of records or information needed to accomplish reconciliation or
otherwise required to be kept hereunder; and/or
4. Failure of any monitoring method to function or otherwise confirm tank safety.
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(b)The discovery of any leak or circumstances indicating possibility of a leak of a UST shall immediately
be reported to the Building Official. This obligation shall extend to product vendors and repair or testing
personnel,as well as permittee.
10.03.03.09.13 UST Spill prevention and protection.
(a) The Building Official is authorized to require additional leak testing; additional monitoring; removal
of UST contents; UST reinforcement, modification, repair or replacement; prohibition of UST usage;
revocation or suspension of permit and/or approval tags or certificates; additional permit conditions; spill
clean-up or any additional measure to protect the health and safety of the public, or to protect the aquifer
in the event of:
1. A violation of this article or any provision of permit approval;
2. Reasonable cause exists to believe a spill or seepage is occurring;
3. A leak test failure;
4. Monitoring does not disclose a leak or possible leak; or
5. Other environmental risk.
(b) The Building Official may order the top of the UST installation exposed, if reasonable investigation
indicates the possibility of leakage, and may permit repair where the leak is not the result of corrosion,
tank failure, or other serious malfunction.
(c) Underground storage tanks and associated underground piping shall be permitted to be repaired only
once. Thereafter, said UST installation must be either replaced or abandoned.
10.03.03.09.14 Requirements for out of service and abandoned in place USTs
(a) A short-term out of service UST shall be secured in accordance with the requirements of the adopted
fire code,as it may be amended from time to time.
(b) Long-term and abandoned in place USTs shall not require a permit, provided the classification is
approved by the Building Official,subject to such conditions as s/he may deem appropriate.
(c) The Building Official may require removal of the UST for failure to meet conditions established to
the long-term and abandoned in place UST.
(d) Removal of any UST shall be in accordance with the requirements of the Building Official.
10.03.03.09.15 UST Maximum useful life.
(a) All existing single-walled UST installations (tanks and associated piping) without secondary
containment shall be conclusively presumed to have a maximum useful life of forty years.
(b) On or before the fifth anniversary of the effective date of this chapter, all single-walled UST
installations forty years old or older as of said effective date and without secondary containment, shall
have been withdrawn from operation and either physically removed or converted to satisfy abandoned
status.
(c) A repaired,expanded or remodeled UST shall not exceed a forty-year life unless.
1. An approved tank liner of fiberglass reinforced epoxy or similar material is installed on a
single-walled UST;and
2. Liners are installed prior to the time that a tank reaches its fortieth birthday. The additional
life resulting from the installation of a tank liner shall be equal to the length of the warranty
provided by the company installing the liner.
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Provided, however that liners shall not be used to repair a leaking single-walled tank for the
purpose of extending its useful life. It is further provided that a single-walled tank may be lined
only once.
10.03.03.09.16 Enforcement&Penalties
(a) It shall be a violation of this article to:
1. Submit false, incomplete or inaccurate permit application or test information or fail to correct any
such error immediately when it is or should have been known;
2. Tamper with or fail to display any approval tag lawfully issued, or to display any invalid, expired
or revoked tag or facsimile;
3. Fill any UST to which a current, valid approval tag is not conspicuously affixed. This provision
applies specifically to all parties including the tank owner and any vendor of products
encompassed in this chapter;
4. Alter,tamper with, obscure, destroy or fail to maintain updated, accurate inventory records or any
other records or information required hereunder;
5. Falsify, misstate, conceal or withhold information regarding product delivery, date, amount or
tank capacity or any other records or information required by this article;
6. Fail to comply with any regulation or order imposed as a condition of permit approval;
(b) This article shall be enforced in accordance with Section 10.01.20 Enforcement & Penalties of the
Spokane Valley Uniform Development Code."
SECTION 2.— Severability. If any section, sentence, clause or phrase of this ordinance, or any
regulation, rule or order adopted pursuant to the authority thereof be determined invalid or
unconstitutional, it 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 (5) days after
publication of this ordinance or a summary thereof in the official newspaper of the City as provided by
law.
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PASSED by the City Council this day of May, 2005.
Diana Wilhite,Mayor
ATTEST:
Christine Bainbridge, City Clerk
Approved as to form:
Cary P.Driskell,Deputy City Attorney
Date of publication:
Effective date:
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