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2015, 10-06 Study Session MINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley,Washington October 6,2015 6:00 p.m. Attendance: Councilmembers Staff Dean Grafos,Mayor Mike Jackson, City Manager Arne Woodard, Deputy Mayor Cary Driskell, City Attorney Chuck Hafner, Councilmember Erik Lamb, Deputy City Attorney Rod Higgins, Councilmember Mike Stone,Parks &Recreation Director Ed Pace, Councilmember Eric Guth,Public Works Director Ben Wick, Councilmember John Hohman, Community Development Dir. Bill Gothmann, Councilmember Pro Tern Chelsie Taylor, Interim Finance Director Steve Worley, Senior Engineer Lori Barlow, Senior Planner Christina Janssen, Planner Christine Bainbridge, City Clerk Mayor Grafos called the meeting to order at 6:00 p.m. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. AMENDED AGENDA: It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the amended agenda. ACTION ITEM: Emergency Ordinance 15-017, Marijuana Moratorium—Erik Lamb [added agenda item] City Manager Jackson explained that we currently have a moratorium on unlicensed marijuana use,that we received notice from the State Liquor and Cannabis Board that they were issuing emergency rules and they would begin accepting new retail licenses beginning October 12, which he said, does not give us time to have our regulations in place; he said the Board has not established a cap for the number of establishments and that those rules would be determined later. Mr. Jackson said once the rules are established we will be able to see if we would remain at the status quo of three. After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to suspend the rules and approve Ordinance No. 15-017 adopting a moratorium on new licensed or registered marijuana uses. Deputy City Attorney Lamb further explained about the State's adopted legislation that reconciled the medical and recreational marijuana and that retail licensees would be able to be obtained to sell medical marijuana to qualified patients;as part of that 2015 legislation,the State required an increase in the number of marijuana retail licenses to accommodate the medical needs, and directed the Washington State Liquor and Cannabis Board(WSLCB)to promulgate rules for setting the number of retail licenses. Mr.Lamb said that staff developed proposed changes to take into consideration the newly reconciled medical marijuana and recreational marijuana market, and that part of this process included discussion of these issues during the August 18, 2015 Council meeting; he said the Planning Commission was scheduled to conduct a study session on potential amendments on September 24, 2015, but the WSLCB issued an emergency rule September 23,2015,that they would begin accepting marijuana retail license applications October 12, and that it would not set a limit on the number of marijuana retail licenses until a later, undetermined date. Given the uncertainty of the final number of retail uses and production space,as well as to prevent potential Council Study Session: 10-06-2015 Page 1 of 5 Approved by Council: 10-27-2015 vesting of uses that could ultimately be inconsistent and incompatible with the City's final regulations,Mr. Lamb explained that staff believes a moratorium is appropriate on all licensed and registered marijuana uses. Mr. Lamb said that the Council must conduct a public hearing on the moratorium within sixty days and adopt findings of fact; and said the hearing is scheduled for October 27, 2015. Mr. Lamb also noted that the moratorium would be effective for 365 days, includes a work plan, and is designated as a public emergency so it would be effective upon adoption. Mr. Lamb noted that this would not affect the existing stores nor would it affect personal use. Councilmember Pace asked what would happen if the moratorium didn't pass, other than allow more licenses then we would perhaps like. Mr. Lamb said this moratorium would not impact any existing regulations in place,that we are working through new regulations as part of the moratorium already established; and if this moratorium is not passed, establishments could become a nonconforming use,which means they would not be compatible with City policy,and that it would increase the number of establishments; said one of the issues staff and Council had previously discussed was the idea of additional buffers such as between stores to further limit the number of stores, or if Council preferred,to allow more stores or even prohibit stores. Mayor Grafos invited public comment. James Johnson: said he fears this is one of those things that leads us to do things we normally wouldn't do; said the change doesn't take effect until the 12th so the only risk would be anyone who applied on the 12th might have an advantage; said he was under the impression this was a study session and suggested Council exercise caution when making policy changes during a study session. There were no further public comments. Councilmember Pace said he feels the business built up around the medical marijuana is a total scam as there have been no studies showing that medical marijuana is beneficial,and that the United States Surgeon General said there have been no studies that medical marijuana has any benefits; said there hasn't been a lot of public opposition to this and he tried to have a small forum and not many showed up; said he won't vote for this ordinance. Other Councilmembers expressed they were in favor of the moratorium in that we don't know the number of retail licenses yet, and need time to study the issue in order to make the best decision. Vote by Acclamation: In Favor: Mayor Grafos, Deputy Mayor Woodard, and Councilmembers Hafner, Higgins, Wick and Gothmann. Opposed: Councilmember Pace. Motion carried. NON-ACTION ITEMS: 1. Stormwater Construction Grants—Eric Guth Public Works Director Guth explained that the Department of Ecology announced their competitive grant program;his PowerPoint presentation included examples of projects that would qualify for such grants,and explained the State's revolving fund is used to finance planning, design and/or construction of water pollution control facilities,which is subsidized below market interest rates; said the Assistance Program is 75% reimbursable up to $5 million per grant per call/city; said our possible construction timeline is mid July 2016 to mid-2019; said the suggested projects are the Ponderosa Drive Stormwater Diversions, and the Havana Stormwater Diversions at 8th and 14th. Mr.Guth explained that the Ponderosa Diversion would remove up to nine outfalls to a tributary of Chester Creek, and the Havana Diversions would remove overflows to the City of Spokane's Combined Sewer Outfall, as well as remove discharges to Glenrose Drain; with the Ponderosa design estimated between $300,000 and $1 million, and the Havana design estimated between$280,000 and$450,000. Council concurred to move these projects forward to a motion consideration at the next Council meeting. 2. Legislative Comprehensive Plan Update—John Hohman,Lori Barlow Director Hohman introduced Mr. Dave Anderson from the Department of Commerce, who is involved in the development of the population allocation number associated with the Comprehensive Plan.Mr.Hohman said that the purpose of tonight's report is to update Council on the progress made by staff on the legislative comprehensive plan update; adding that as of today, no applications have been received although there has been a conversation with one who is "potentially interested;" stated that he realizes Council has been Council Study Session: 10-06-2015 Page 2 of 5 Approved by Council: 10-27-2015 approached by citizens and that there is a large amount of misinformation about the need for the allocation number, and confirmed that the number is absolutely needed. Planner Barlow mentioned that many of these slides,those with the 'Van Ness Feldman' logo are recycled from last July's presentation; she explained about the population allocation authority to plan as per State statutes, including that a periodic update is required,the requirements under the Growth Management Act, what the update shall include, and the process in reaching an allocation, beginning with the Office of Financial Management (OFM) projections, to the County Commissioner's required actions, committee recommendations,and the County adoption of allocations for County and local jurisdictions; she explained about the forecast and what it provides, and noted the previous attempts to reach a population allocation. Mr.Anderson then gave an explanation on the Planning Technical Advisory Committee, including how the population forecast is distributed by area;that the allocation is expressed as a big range: minimum,medium and maximum; said that those population allocation numbers will be translated into growth targets so cities can determine if they have the needed capacity; said we can look at past OFM numbers and see just how good the forecasts were; and said they are usually within 2% of the correct population. Mr. Hohman and Ms.Barlow also explained the"Existing Conditions Reports"which includes housing and economic trends, and buildable commercial, industrial, and residential land; they also explained some of the problems associated with the medium density residential zoning,mixed use zoning,office zoning,and neighborhood commercial zoning. Councilmembers Gothmann and Pace agreed the data are impressive and would be helpful in developing policies. Mayor Grafos called for a recess at 7:38 p.m.; he reconvened the meeting at 7:50 p.m., at which time the "Fehr/Peers Transportation System Existing Conditions" report was also discussed.Ms.Barlow mentioned the employment centers and the residential centers,and that there is a lot of employment north of I-90,but the most dense residential areas are on the south side of I-90,which makes for traffic congestion around the 1-90 interchanges. Concerning Mineral Resource Lands, Mr. Hohman noted that staff will be meeting with the County and Central Pre-Mix in follow up of this topic, and that staff will bring further information at a future Council meeting. Mr.Hohman mentioned that the next steps include the development and conducting of the environmental review; and he thanked Mr. Anderson for attending tonight to help provide perspective and answer questions. 3. Painted Hills Development—Lori Barlow, Christina Janssen Director Hohman explained that project has resulted in a tremendous amount of staff time answering numerous questions via e-mails and phone calls; in trying to be as transparent with the community as possible, he mentioned the City's website, and that as pieces of this project more forward,the website will be updated as quickly as possible; said this has represented a huge impact to staff time in the amount of public information and requested documents; that there have been thirty-five public request requests with twenty-two coming from one specific individual, and two more associated with a law firm hired by a neighborhood group. Via their PowerPoint, Senior Planner Barlow and Planner Janssen explained the process so far concerning the Painted Hills Planned Residential Development,which included a brief history beginning prior to 1985 to July 24, 2015; they showed the current zoning and some pictures of what the area looks like today; discussed the different areas for development, explained that PRDs (Planned Residential Developments) are permitted in all residential zoning districts,and that the Hearing Examiner would make the final decision on this PRD. Ms.Janssen showed the timeline of the process,from formal application submitted,to today with staff and agency reviewing the application materials, followed by a SEPA (State Environmental Protection Act) Decision,Notice of Public Hearing to be mailed, staff report to be issued, that the Public Hearing would be held before the Hearing Examiner who would issue a decision, after which the appeal period would begin. Ms. Janssen also noted that the City's website includes a vast amount of information on the Painted Hills Development, which can be accessed from the City's home page; and that a postcard has been developed which is sent to those who inquire about this project, directing them to the City's website. Concerning the public hearing, Ms. Janssen stated that large signs will be placed on the property in three areas, and a mailing will be done to all those within a 400-foot radius of the site. Ms.Janssen also Council Study Session: 10-06-2015 Page 3 of 5 Approved by Council: 10-27-2015 noted that the Hearing Examiner will have the staff report, the code requirements, and the comments as well as have access to all studies provided by the applicant; she said the hearing has not been set yet as it can't take place until the SEPA determination has been issued; and confirmed Councilmember Hafner's comments that the Council has no say in this issue, that a zone change is not being proposed, and that the Hearing Examiner will be looking at this to determine what the PRD will look like. 3a. Sullivan Road West Bridge Replacement Project—"De Minimis"Determination—Steve Worley [added agenda item' Senior Engineer Worley explained that it was recently discovered that the vertical clearance between the surface of the Centennial Trail and the bottom of the new Sullivan Road Bridge won't meet minimum standards; and as a result, the Centennial Trail needs to be revised. Mr. Worley said that staff has been working with design consultant CH2M Hill to design the realigned and lowered trail. Because the contract is currently scheduled to place the new bridge girders in December and the local asphalt plants typically close for winter around Thanksgiving, Mr. Worley said that the project team is fast-tracking the design, permitting, right-of-way acquisition and construction; and said if the trail cannot be relocated by the time the asphalt plants close, the trail would need to be closed and detoured until next spring. Mr. Worley explained that to receive NEPA (National Environmental Protection Agency) recertification, a public meeting on the"de Minimis"determination is required,and having this issue placed as a motion as the next Council meeting, which will permit public comment, will satisfy this requirement. Mr. Worley explained that because there is AT&T fiber optic cable under the Trail which would result in about$150,000 cost just to lower that cable,the preferred option is to move the trail.Mr.Worley also said that since this is a federally funded project, we have to get those the two phases recertified since this work was not originally anticipated; said we already have a detour route in place since the Trail was closed during the course of the project. In response to Council question about time and cost, Mr. Worley said it will take three to four weeks to do the work and that we don't know the cost yet, but he estimated a couple hundred thousand dollars, adding that there is built into the budget for this project, about a half-million dollar contingency. Council agreed to move this forward for a motion for next week's Council meeting. 4. Proposed Contracting and Purchasing Code Amendments—Cary Driskell, Erik Lamb City Attorney Driskell said that staff became aware of some lack of clarity and deficiencies concerning contracting and purchasing within our Code, and have been working on this to have the material more usable for our staff; said since we don't have centralized purchasing, each department has responsibilities for contracting and purchasing. Mr. Driskell noted that Public Works does the most contracting, followed by Parks and Recreation. Mr. Driskell and Mr. Lamb explained the proposed changes to the various Code chapters, including Spokane Valley Municipal Code (SVMC) 2.65, 3.40 through 3.42, 3.45 through 3.49. As shown on slide #11, Chapter 3.42 SVMC mentions competitive bidding public works and of the "obtaining three or more bids for public works between$7,500 and the$40,000/$65,000 threshold,and that staff had discussed with the Finance Committee about increasing that $7,500 to $15,000, but that no determination had been made yet. After brief Council discussion, it was determined to leave it as is, and discuss it in more when this topic comes back to Council. At 8:58 p.m. it was moved by Deputy Mayor Woodard, seconded and unanimously agreed to extend the meeting thirty minutes. After Mr. Driskell and Mr. Lamb finished their PowerPoint presentation, it was decided that staff should bring this back in ordinance form for further discussion,and that the effective date of the ordinance could be discussed at that time,as the ordinance does not need to be effective five days after publication,but could be effective several months after adoption so that staff might have time for training on the new procedures prior to the effective date. 5. Advance Agenda—Mayor Grafos There were no suggested changes. 6. Community Development Block Grant 2016 Program—Mike Basinger This was for information only and was not reported or discussed. Council Study Session: 10-06-2015 Page 4 of 5 Approved by Council: 10-27-2015 7. Council Comments—Mayor Grafos There were no additional Council comments. 8. City Manager Comments—Mike Jackson Mr.Jackson had no comments. 9. Executive Session: Pending Litigation {added agenda iteml It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn into executive session for approximately fifteen minutes to discuss pending litigation, and that no action will be taken upon return to open session. Council adjourned into executive session at 9:07 p.m. At 9:15 p.m., Mayor Grafos declared Council out of executive session. It was then moved by Deputy Mayor Woodard,seconded and unanimously agreed to adjourn. Dean Grafos,Mayor ATTEST• L / Christine Bainbridge, City Clerk Council Study Session: 10-06-2015 Page 5 of 5 Approved by Council: 10-27-2015 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 6, 2015 Department Director Approval: El Check all that apply: ❑ consent [' old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation [' executive session AGENDA ITEM TITLE: Proposed Emergency Ordinance No. 15-017 adopting a moratorium on all new licensed or registered marijuana uses. GOVERNING LEGISLATION: RCW 36.70A.390; RCW 69.50 (Initiative 502 has been codified as RCW 69.50) and WAC 314-55; RCW 69.51A; SVMC Title 19. PREVIOUS COUNCIL ACTION TAKEN: Staff has provided numerous administrative reports on the legalization of marijuana since March, 2013. City Council adopted regulations regarding restrictions on recreational marijuana on July 22, 2014. City Council adopted a moratorium on unlicensed marijuana uses on December 9, 2014. BACKGROUND: The City adopted regulations governing the zoning, buffers, and other land use restrictions on recreational marijuana production, processing, and retail stores in July 2014. Such regulations were based, in part, on the laws and regulations then in place under chapter 69.50 RCW and chapter 314-55 WAC. Those laws and regulations limited the total number of retail stores within the City to three and set a state-wide cap on total production space. On December 9, 2014, the City Council adopted a moratorium on unlicensed marijuana uses to allow the State to come forward with what the City anticipated to be medical marijuana legislation in 2015 and to allow the City time to develop appropriate regulations regarding medical marijuana as well as any increase in licenses that might result from the State's 2015 marijuana legislation. As anticipated, the State adopted comprehensive marijuana legislation in 2015 that (1) reconciled the medical and recreational marijuana markets by establishing a "medical marijuana endorsement" that retail licensees will be able to obtain to sell medical marijuana to qualified patients and designated providers, while also making unlicensed collective gardens illegal by July 1, 2016, (2) expanded the amount of marijuana production that may be conducted state- wide to accommodate the needs of marijuana retailers with medical marijuana endorsements, (3) created "cooperatives" which must be registered by the WSLCB, and (4) created a new license for common carriers to deliver and transport marijuana between licensed marijuana producers, processors, and retailers and created a new marijuana research license for permitees to produce, process, and possess marijuana for certain limited research purposes. Further, as part of its 2015 legislation, the State required an increase in the number of marijuana retail licenses to "accommodate the medical needs of qualifying patients and designated providers" and directed the WSLCB to promulgate rules and regulations for setting the number of increased retail licenses, accepting new retail license applications and accepting applications for medical marijuana endorsements. In conjunction with the State adopting its 2015 marijuana legislation, City staff developed proposed changes to account for the newly reconciled medical marijuana and recreational marijuana market, including the potential increase in retail licenses. The process of developing City amendments included a discussion with City Council on potential amendments on August 18, 2015. The Planning Commission was scheduled to conduct a study session on potential amendments on September 24, 2015. However, on September 23, 2015, the Washington Liquor and Cannabis Board (WSLCB) issued, effective immediately, its Emergency Rules #15-18 (the "WSLCB Emergency Rules") to amend chapter 314-55 WAC to provide that (1) the WSLCB will begin accepting marijuana retail license applications on October 12, 2015 and it will not set a limit on the number of marijuana retail licenses until a later date, (2) the WSLCB will begin accepting applications for medical marijuana endorsements, and (3) the state cap on maximum marijuana production space is removed and will be set at a later date. Concurrently with the issuance of its Emergency Rules the WSLCB also issued its Proposed Rules #15-17, which will be subject to public comment prior to final adoption in late 2015 or early 2016, and pursuant to which the WSLCB has also provided that it will not set a limit on the number of marijuana retail licenses or a state cap on marijuana production space until a later date. Though the City is developing its comprehensive marijuana amendments, neither the Planning Commission nor the City Council will have an opportunity to fully consider and develop comprehensive marijuana policy decisions that give adequate consideration to the State's 2015 marijuana legislation, or to adopt such City amendments prior to October 12, 2015 when the WSLCB will begin accepting and processing additional marijuana retail licenses. Given the uncertainty surrounding the unknown final number of retail uses and production space and the appropriateness of current City regulations to account for such an unknown increase, as well as to prevent potential vesting of uses that may ultimately be inconsistent and incompatible with the City's final regulations, Staff believes a moratorium is appropriate at this time on all licensed and registered marijuana uses. A moratorium will allow the City to develop appropriate regulations to give full consideration to the State's 2015 marijuana legislation, the WSLCB's emergency and final rules, and to account for the increases in retail stores and production space. RCW 36.70A.390 authorizes the City to adopt a moratorium on unlicensed marijuana uses without conducting a public hearing and without utilizing the City's standard approval process through the Planning Commission and multiple readings by City Council. A moratorium preserves the status quo so that new plans and regulations will not be rendered moot by intervening development. After adoption of the moratorium, the City Council must conduct a public hearing on the moratorium within 60 days and adopt findings of fact for the moratorium. Additionally, the proposed moratorium includes a work plan and so will be effective for 365 days from the date of adoption. After adoption of the moratorium, final regulations would be proposed and processed through the City's standard process, including a proposal to the Planning Commission, Planning Commission recommendation to City Council, and multiple readings by City Council. The final regulations must be adopted prior to the expiration of the moratorium. Pursuant to the requirements of RCW 36.70A.390, proposed Ordinance No. 15-017 provides for a moratorium on the submission, processing, modification, or approval of any permit applications or licenses by or for licensed or registered marijuana use. Licensed or registered marijuana use is defined as all marijuana producers, processors, retailers, including licensed retailers seeking medical marijuana endorsements, researchers, delivery or transportation by common carrier between licensed facilities, cooperative, or other use that is required pursuant to chapters 69.50 RCW and 69.51A RCW and chapter 314-55 WAC to be licensed or registered with the WSLCB. The moratorium does not apply to personal use or personal medical use by qualified patients. The moratorium applies upon its effective date so it would not impact existing businesses at this time. Further, proposed Ordinance No. 15-017, if adopted by Council, sets a public hearing for Tuesday, October 27, 2015, establishes a work plan, adopts preliminary findings of fact, and establishes an effective period of 365 days for the moratorium. Finally, proposed Ordinance No. 15-017 is designated as a public emergency and would be effective upon adoption. Once adopted by Council, Staff will continue reviewing and proposing final regulations through the City's standard process for development code amendments, which regulations may include restrictions up to and including a complete ban. OPTIONS: Move to approve the ordinance, with or without further amendments; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to suspend the rules and approve Ordinance No. 15-017, adopting a moratorium on new licensed or registered marijuana uses. BUDGET/FINANCIAL IMPACTS: N/A. STAFF CONTACT: Erik Lamb, Deputy City Attorney ATTACHMENTS: Proposed Ordinance No. 15-017. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 15-017 AN EMERGENCY ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING A MORATORIUM ON THE ESTABLISHMENT OF ALL NEW MARIJUANA PRODUCERS, MARIJUANA PROCESSORS, MARIJUANA RETAILERS, MARIJUANA RESEARCHERS, MARIJUANA TRANSPORT AND DELIVERY USES, AND MARIJUANA COOPERATIVES, LICENSED BY OR REGISTERED WITH THE WASHINGTON STATE LIQUOR AND CANNABIS BOARD, AND OTHER MATTERS RELATING THERETO. WHEREAS, since 1970, federal law has prohibited the manufacture and possession of marijuana as a Schedule I drug, based on the federal government's categorization of marijuana as having a "high potential for abuse, lack of any accepted medical use, and absence of any accepted safety for use in medically supervised treatment." Gonzales v. Raich, 545 U.S. 1, 14 (2005), Controlled Substance Act, 84 Stat. 1242,21 U.S.C. 801 et seq; and WHEREAS,Initiative Measure No.692,approved by the voters of Washington State on November 3, 1998,and now codified as chapter 69.51A RCW,created an affirmative defense for"qualifying patients" to the charge of possession of marijuana; and WHEREAS, in 2011, the Washington State Legislature considered and passed ESSSB 5073 that, among other things,(1)authorized the licensing of medical cannabis dispensaries,production facilities,and processing facilities,(2)permitted qualifying patients to receive certain amounts of marijuana for medicinal purposes from designated providers, (3) permitted collective gardens by qualifying patients whereby they may, consistent with state law, collectively grow marijuana for their own use, and (4) clarified that cities were authorized to continue to use their zoning authority to regulate the production, processing, or dispensing of medical marijuana under ESSSB 5073 and chapter 69.51A RCW within their respective jurisdictions; and WHEREAS, on April 29,2011, former governor Christine Gregoire vetoed the portions of ESSSB 5073 that would have provided the legal basis for legalizing and licensing medical cannabis dispensaries, processing facilities, and production facilities,thereby making these activities illegal; and WHEREAS,on November 6,2012,voters of the State of Washington approved Initiative Measure No. 502 ("I-502"), now codified in chapters 69.50, 46.04, 46.20, 46.21, and 46.61 Revised Code of Washington ("RCW"), which provisions, (1) decriminalized possession and use of certain amounts of marijuana and marijuana paraphernalia;(2)amended state laws pertaining to driving under the influence of intoxicants to include driving under the influence of marijuana; and (3) established a regulatory system licensing producers,processors,and retailers of recreational marijuana for adults 21 years of age and older, and required the Washington State Liquor Control Board(now the Washington State Liquor and Cannabis Board, and referred to herein as the "WSLCB")to adopt procedures and criteria by December 1,2013 for issuing licenses to produce,process,and sell marijuana; and WHEREAS,on August 29,2013,the United States Department of Justice issued a memo providing updated guidance on marijuana enforcement in response to the adoption of 1-502. Several ongoing federal enforcement priorities were outlined, including prevention of crime and preventing distribution of marijuana to minors. Further,the memo provided that the Department would not seek ongoing prosecution of marijuana providers, users, and local officials in states that authorized marijuana, provided that those state and local governments"implement strong and effective regulatory and enforcement systems that will Ordinance 15-017 Page 1 of 6 DRAFT address the threat those state laws could pose to public safety, public health, and other law enforcement interests. A system adequate to that task must not only contain robust controls and procedures on paper; it must also be effective in practice;"and WHEREAS on July 22,2014,the City adopted Ordinance No. 14-008,which established in chapter 19.85 of the Spokane Valley Municipal Code ("SVMC") and SVMC 19.120.050 regulations, zoning, buffers, and other limitations on marijuana producers, processors, and retail sellers licensed under chapter 69.50 RCW, but which did not regulate unlicensed marijuana uses, including medical marijuana;and WHEREAS, the City's regulations were premised, in part, upon the laws and regulations then in effect (chapter 69.50 RCW and chapter 314-55 WAC), that allocated a total of three marijuana retail licenses within the City and provided a maximum limit on marijuana production space; and WHEREAS,on December 9,2014,the City adopted Ordinance No. 14-021,adopting a moratorium on the establishment of new unlicensed marijuana uses in order to allow the City to consider any marijuana- related legislation adopted as part of the 2015 Washington State Legislative Session and to develop comprehensive marijuana regulations incorporating such changes; and WHEREAS, the moratorium adopted by the City on December 9, 2014, did not impact existing licensed or unlicensed marijuana facilities and did not prohibit the City from processing applications related to licensed marijuana producers,processors,and retailers because the City had already adopted regulations for such uses that were premised, in part, upon the laws and regulations then in effect(chapter 69.50 RCW and chapter 314-55 WAC), that allocated a total of three retail licenses within the City and provided a maximum limit on marijuana production space; and WHEREAS, to date, the City has 19 licensed marijuana producers, 21 licensed marijuana processors and three licensed marijuana retailers located within its boundaries. All three licensed marijuana retailers are operational and are selling marijuana at their locations within the City. The City processed five business registrations related to medical marijuana in 2013 and 10 business registrations in 2014 prior to the adoption of the moratorium; and WHEREAS, in 2015, the Washington State Legislature adopted the "Cannabis Patient Protection Act,"Laws of 2015, ch. 70, and additional comprehensive marijuana-related regulations pursuant to Laws of 2015,ch. 4 and other enacted legislation(collectively,the"2015 Marijuana Legislation"); and WHEREAS, as part of the 2015 Marijuana Legislation, the State (1) reconciled the medical and recreational marijuana markets by establishing a"medical marijuana endorsement"that retail licensees will be able to obtain to sell medical marijuana to qualified patients and designated providers,while also making unlicensed collective gardens illegal by July 1,2016,(2)expanded the amount of marijuana production that may be conducted state-wide to accommodate the needs of marijuana retailers with medical marijuana endorsements, (3) created "cooperatives"which must be registered by the WSLCB, and (4) created a new license for common carriers to deliver and transport marijuana between licensed marijuana producers, processors,and retailers delivery/transportation and created a new marijuana research license for permitees to produce,process, and possess marijuana for certain limited research purposes;and WHEREAS,as part of the 2015 Marijuana Legislation,the State required an increase in the number of marijuana retail licenses to "accommodate the medical needs of qualifying patients and designated providers"and directed the WSLCB to promulgate rules and regulations for setting the number of increased retail licenses, accepting new retail license applications and accepting applications for medical marijuana endorsements; and Ordinance 15-017 Page 2 of 6 DRAFT WHEREAS, on September 23, 2015, the WSLCB issued, effective immediately, its Emergency Rules #15-18 (the "WSLCB Emergency Rules") to amend chapter 314-55 WAC to provide that (1) the WSLCB will begin accepting marijuana retail license applications on October 12, 2015 and it will not set a limit on the number of marijuana retail licenses until a later date, (2) the WSLCB will begin accepting applications for medical marijuana endorsements,and(3)the state cap on maximum marijuana production space is removed and will be set at a later date; and WHEREAS, on September 23, 2015, the WSLCB also issued its Proposed Rules #15-17, which will be subject to public comment, and pursuant to which the WSLCB has provided that it will not set a limit on the number of marijuana retail licenses or a state cap on marijuana production space until a later date; and WHEREAS,pursuant to Article 11,Section 11 of the Washington Constitution,the City of Spokane Valley is authorized to "make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws,"which includes the adoption of regulations governing land uses within the City; and WHEREAS, RCW 36.70A.390 provides that "A county or city governing body that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control,shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance,or interim official control within at least sixty days of its adoption,whether or not the governing body received a recommendation on the matter from the planning commission or department. If the governing body does not adopt findings of fact justifying its action before this hearing,then the governing body shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing such a longer period. A moratorium, interim zoning map, interim zoning ordinance or interim official control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal;"and WHEREAS, a moratorium enacted under RCW 35A.63.220 and/or RCW 36.70A.390 is a method by which local governments may preserve the status quo so that new plans and regulations will not be rendered moot by intervening development; and WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 both authorize the enactment of a moratorium, interim zoning map, interim zoning ordinance, or interim official control prior to holding a public hearing; and WHEREAS, pursuant to WAC 197-11-880, the adoption of this Ordinance is exempt from the requirements of a threshold determination under the State Environmental Policy Act; and WHEREAS, pursuant to Ordinance No. 14-021, the City is in the process of developing comprehensive medical and recreational marijuana regulations. However, the Planning Commission and City Council will not have an opportunity to fully consider and develop comprehensive marijuana policy decisions that give adequate consideration to 2015 Marijuana Legislation,or to adopt such City regulations, prior to October 12,2015 when the WSLCB will begin accepting and processing additional marijuana retail licenses; and WHEREAS, new proposals for additional marijuana retail licenses that may be submitted beginning October 12, 2015, pose an imminent threat to the public health and safety as they may create incompatible land uses subject to the City's existing regulations which were premised, in part,on a total of Ordinance 15-017 Page 3 of 6 DRAFT three marijuana retail stores and a state cap on the maximum amount of marijuana production space,without allowing the City to fully consider the impacts of the 2015 Marijuana Legislation or the WSLCB Emergency Rules. Further,allowing an unknown number of marijuana retail licenses to vest or be located within the City prior to completion of the City's review and development of its marijuana zoning and land use regulations impairs the City's ability (1)to give full consideration to the 2015 Marijuana Legislation, WSLCB Emergency Rules, and currently uncapped increase in marijuana retail stores and statewide maximum marijuana production space, (2)to develop a reasoned approach to the public health, safety, and welfare impacts from the 2015 Marijuana Legislation, WSLCB Emergency Rules, and the currently uncapped increase in the number of marijuana retail stores and statewide maximum marijuana production space, and(3)to adopt appropriate comprehensive zoning and land use regulations governing medical and recreational marijuana based upon the impacts from the 2015 Marijuana Legislation and WSLCB Emergency Rules; and WHEREAS, additional time is necessary for Planning Commission and City Council (1) to give full consideration to the 2015 Marijuana Legislation, WSLCB Emergency Rules, and currently uncapped increase in marijuana retail stores and statewide maximum marijuana production space, (2) to develop a reasoned approach to the public health, safety, and welfare impacts from the 2015 Marijuana Legislation, WSLCB Emergency Rules, and the currently uncapped increase in the number of marijuana retail stores and statewide maximum marijuana production space, and (3) to adopt appropriate comprehensive zoning and land use regulations governing medical and recreational marijuana based upon the impacts from the 2015 Marijuana Legislation and WSLCB Emergency Rules; and WHEREAS,Washington State law,including RCW 35A.63.220 and RCW 36.70A.390,authorizes the City to adopt a moratorium, provided the City conducts a public hearing on the moratorium within 60 days of the date of adoption of the moratorium; and WHEREAS, the City has authority to establish a moratorium concerning the establishment and operation of licensed or registered marijuana uses as a necessary stop-gap measure: (1) to give full consideration to the 2015 Marijuana Legislation, WSLCB Emergency Rules, and currently uncapped increase in marijuana retail stores and statewide maximum marijuana production space, (2) to develop a reasoned approach to the public health, safety, and welfare impacts from the 2015 Marijuana Legislation, WSLCB Emergency Rules, and the currently uncapped increase in the number of marijuana retail stores and statewide maximum marijuana production space, (3)to adopt appropriate comprehensive zoning and land use regulations governing medical and recreational marijuana based upon the impacts from the 2015 Marijuana Legislation and WSLCB Emergency Rules, and (4) to avoid applicants possibly establishing vested rights contrary to and inconsistent with any revisions the City may make for its rules and regulations; and WHEREAS,the City Council finds that the moratorium imposed and established by this Ordinance is necessary for the immediate preservation of the public health, public safety, public property and public peace. NOW, THEREFORE,the City Council of the City of Spokane Valley ordains as follows: Section 1. Preliminary Findings. The City Council hereby adopts the above recitals as findings of fact in support of this Ordinance. Section 2. Moratorium Established. A. The City Council hereby declares and imposes a moratorium upon the submission, acceptance, processing, modification or approval of any permit applications or licenses by or for any new licensed or registered marijuana use. Ordinance 15-017 Page 4 of 6 DRAFT B. For purposes of this moratorium, "licensed or registered marijuana use" means any marijuana producers, marijuana processors, marijuana retailers, including any licensed retailer seeking a medical marijuana endorsement, marijuana researcher, marijuana delivery or transportation by common carrier between licensed facilities, marijuana cooperative, or other use that is required pursuant to chapters 69.50 and 69.51A RCW and chapter 314-55 WAC to be licensed by or registered with the WSLCB. C. This moratorium shall not affect, and "licensed or registered marijuana use" shall not include any personal possession or use of marijuana, marijuana-infused products, marijuana extracts, marijuana concentrates, marijuana oils, or other form of product containing or derived from marijuana and intended for human use by any person pursuant to chapter 69.50 RCW or by any qualifying patient or designated provider pursuant to chapter 69.51A RCW. D. Nothing herein shall affect the processing or consideration of any existing and already- submitted complete land-use or building permit applications that may be subject to vested rights as provided under Washington law, or any processing or consideration of any land-use or building permit for a marijuana producer, marijuana processor, or marijuana retailer that has, as of the date of this moratorium, already received its license from the WSLCB and which permit application is for a modification or renewal at the existing location listed on that license for that marijuana producer, processor, or retailer. Section 3. Work Plan. The following work plan is adopted to address the issues involving the City's regulation of,and the establishment of licensed or registered marijuana uses: A. The City of Spokane Valley Planning Commission is hereby authorized and directed to hold public hearings and public meetings to fully receive and consider statements,testimony,positions,and other documentation or evidence related to the public health, safety, and welfare aspects of licensed or registered marijuana uses. B. The City of Spokane Valley Planning Commission is hereby authorized and directed to work with City staff and the citizens of the City, as well as all public input received, to develop proposals for regulations pertaining to the establishment of licensed or registered marijuana uses, giving full consideration to the 2015 Marijuana Legislation and WSLCB Emergency Rules, and which regulations may provide provisions restricting or limiting unlicensed marijuana use up to and including bans, to be forwarded and recommended to the City Council for its consideration. Section 4. Public Hearing. Pursuant to RCW 35A.63.220 and 36.70A.390,the City Council shall conduct a public hearing on October 27, 2015 at 6:00 p.m., or as soon thereafter as the matter may be heard, at the City of Spokane Valley City Hall, 11707 East Sprague, Spokane Valley, 99206, City Council Chambers, to hear and consider the comments and testimony of those wishing to speak at such public hearing regarding the moratorium set forth in this Ordinance. Section 5. Duration. The moratorium set forth in this Ordinance shall be in effect as of the date of this Ordinance and shall continue in effect for a period of 365 days from the date of this Ordinance, unless repealed, extended, or modified by the City Council after subsequent public hearing(s)and entry of appropriate findings of fact, pursuant to RCW 35A.63.220 and RCW 36.70A.390. Section 6. Ratification. Any act consistent with the authority set forth herein and prior to the effective date of this Ordinance is hereby ratified and affirmed. Section 7. 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. Ordinance 15-017 Page 5 of 6 • DRAFT Section 8. Declaration of Emergency; Effective Date. This Ordinance is designated as a public emergency necessary for the protection of public health, safety, and welfare and therefore shall take effect immediately upon adoption by the City Council. Passed by the City Council this 6th day of October, 2015. Dean Grafos, Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: October 6,2015 Ordinance 15-017 Page 6 of 6 Agenda Item #3a CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 6, 2015 Department Director Approval: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Sullivan Road W Bridge Replacement Project— REVISED "De Minimis" Determination on Impacts to the Centennial Trail GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Approved Freight Mobility Strategic Investment Board (FMSIB) Applications on May 25, 2010; Admin Report on March 8, 2011; Admin Report on August 23, 2011; Admin Report on Temporary Repairs on September 20, 2011; Info Memo on TIGER III Grant Application on September 27, 2011; Approval of surveying and topographic mapping contract with CH2M HILL on November 1, 2011; Info Memo on TIGER IV Grant Application on February 14, 2012; Authorized execution of Supplemental Agreement Number 1 with CH2M HILL for Preliminary Design services; Info RCA regarding the Final Design Scope of Work on July 24, 2012; Approved Final Design Phase Contract with CH2M HILL on July 31, 2012; Info RCA on November 6, 2012; Motion to Approve on November 13, 2012 regarding the De Minimis Determination on Impacts to Sullivan Park and Centennial Trail; Approval of award of Sullivan Park Improvements project, Phase 1-Sullivan Road West Bridge Replacement on August 27, 2013; Info RCA on February 25, 2014; Approval of award of Phase 2 construction contract on July 22, 2014; and Info RCA on October 7, 2014 and Motion to Approve on October 14, 2014 for a CH2M HILL Supplemental Agreement for Construction Services. BACKGROUND: Back in November 2012 Council approved the De Minimis findings related to the impacts to Sullivan Park and the Centennial Trail from the Sullivan Road W Bridge Replacement project. Based on this approval (and several others) the project received National Environmental Policy Act (NEPA) certification in May 2013. This allowed the project to move into the right-of-way phase and eventually into the bid and construction phases. Currently the old bridge has been completely demolished and the pier shafts for the new bridge are being constructed. It was recently discovered that the vertical clearance between the surface of the Centennial Trail and the bottom of the new Sullivan Road Bridge won't meet minimum standards. As a result, the vertical and horizontal alignments of the Centennial Trail need to be revised. Staff has been working with the design consultant, CH2M, to design the realigned and lowered trail. The team has also been working with WSDOT and FHWA staff on this issue. Because this trail realignment work was not included in the original permitting and construction plans, the environmental and right-of-way processes need to be recertified. These recertifications are required only for this additional trail work. Because the contractor is currently scheduled to place the new bridge girders in December 2015 and the local asphalt plants typically close for winter around Thanksgiving, the project team is fast-tracking the design, permitting, right-of-way acquisition, and construction of this work. If the trail cannot be relocated by the time the asphalt plants close, the trail will need to be closed and detoured until next spring. Agenda Item #3a To receive NEPA recertification a public meeting on the De Minimis determination is required. A City Council meeting that allows the public to comment on a De Minimis findings will satisfy this requirement. If the Centennial Trail impacts and proposed mitigation (detour route along Indiana Avenue) are considered insignificant, meaning the project will not adversely affect the features, attributes, or activities/use of the trail, then the impact meets the "de minimis" criteria, and environmental permitting can be abbreviated and recertified. A "de minimis" determination will save the City substantial environmental permitting time and cost. The project team met with Mike Stone, City Parks & Recreation Director, and Paul Neddo, State Parks Riverside Ranger, to review the proposed Centennial Trail impacts. Both parties are in agreement with the proposed realignment and lowering of the trail to meet standard clearance requirements. And because the Centennial Trail Detour Route is already in place (and has been used several times this past year), all parties agree to the De Minimis determination of the trail impacts. CH2M is preparing the necessary "Section 4(t) De Minimis Impact Determination" document required for this work. See attached. This document describes why we believe the impacts related to the realignment and lowering of the Centennial Trail are within the "de minimis" criteria. This is a draft document subject to change as we continue to meet with affected stakeholders. Based on the attached information, staff's recommendation is to concur with the "De minimus" determination. This recommendation is based on the following reasons: 1) The Centennial Trail Detour Route, which is already in place, directs trail users to cross Sullivan Road at the north side of the Indiana/Sullivan intersection and proceed to the Old Mission Road trailhead. This detour route will be open to the public while the trail realignment is being constructed. 2) The temporary enclosure along each side and over the trail within the bridge construction work zone is already in place as required by the project plans. This temporary enclosure will be relocated and in place after the realigned trail work is complete. 3) Both the City Parks and Recreation Director and the State Parks and Centennial Trail Park Ranger concur with the "De Minimis" determination. Staff is scheduled on October 13 to present this issue to Council and the public. The purpose of that meeting will be to get agreement from Council and input from the public that the "De Minimis" determination is appropriate. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Discussion. BUDGET/FINANCIAL IMPACTS: The estimated cost for this additional trail realignment work is still being determined. This work is eligible for grant reimbursement. STAFF CONTACT: Steve M. Worley, P.E. - Senior Capital Projects Engineer Eric Guth, P.E. — Public Works Director ATTACHMENTS: Draft Section 4(f) De Minimis Impact Determination; Trail Realignment Plans Section 4(f) De Minimis Impact Determination (per 23 CFR 774) October 5,2015 Date: Federal Highways Administration Lead Agency: BRM-4103(007) Project Number: Sullivan Road West Bridge Replacement Project Project: Replace the Sullivan Road West Bridge,which includes re-locating the Centennial Trail that Project passes underneath the existing and proposed bridge. Description: Section 4(f) Centennial Trail Resource f Public Park or Recreational Area Type of 4(f) Resource r National Register-Eligible Historic Site r Publicly-owned Wildlife or Waterfowl Sanctuary Size of the de minimis use of Temporary use:5,028 sq.ft.(see red area in Figure 1) the 4(f) Resource Permanent use: 1,303 sq.ft.(see blue area in Figure 1) in acres Official With Washington State Parks and Recreation Commission(State Parks) Jurisdiction De minimis Documentation Describe the Section 4(f)property and the attributes and features that qualify it for Section 4(f)protection,attach a map with shows the boundary of the resource,the locations of key features(e.g.ball fields,structures)and shows the area to be used; The Centennial Trail (Trail) runs through the project area along the southern bank of the Spokane River. The public trail is owned by State Parks and used for a variety of recreational purposes(e.g.,bicycling, hiking,walking,skateboarding).The approximate 12-foot wide asphalt trail passes beneath the two existing Sullivan Road bridge structures between the south abutments and the river.There is an existing stairway from the Sullivan Road sidewalk that provides access to the Trail located beneath the bridge.At the base of the stairway is a kiosk where trail or other information is posted for trail users.See Figure 1, Centennial Trail Revisions Plan,which shows the existing Trail and the portion of the Trail that will be relocated). Describe the impacts to the Section 4(f)property,and any avoidance,minimization and mitigation or enhancement measures,and why they are considered de minimis as defined in 23 CFR 774.17; The temporary impacts are due to the need to re-locate the Centennial Trail from its existing alignment PAGE 1 to provide a 10-foot vertical clearance between the surface of the Trail and the bottom of the westernmost girder of the new bridge. Presently there is only about 6-feet of clearance.This requires relocating the Centennial Trail riverward to avoid excavation of a fiber optic line and a sewer line that lie at a shallow depth beneath the existing Trail.The Trail's new location will be above the ordinary high water mark,and the 100 and 500 year floodplain elevations.The Trail could not be located landward because of the steep slope of the riverbank.The relocation will require a retaining wall on the riverward side of the trail to support the trail because of the steep side-slope.This wall will be a combination of a soldier pile underneath the bridge with rock wall sections on either end to make the wall more aesthetically pleasing.A safety rail will be attached on top of the wall. The proposed permanent impacts are due to the relocated Trail being closer to the river and farther from the existing stairway that connects Sullivan Road to the Trail.The City presently has a permanent easement on the existing stairway and this easement will be expanded for the extended stairway.The temporary and permanent impacts to this Section 4(f)property are deminimus because the Trail will be designed to 12-feet wide as before,will maintain the same access beneath the Sullivan Road bridges for public use and will provide the same recreational uses as before Trail relocation.While the realignment is under construction for approximately 3-4 weeks,the public will be routed through an established project detour route on the surface streets so that the temporary impacts from construction does not interfere with the activities or purpose of the Centennial Trail on either a temporary or permanent basis. Due to the minor amount of publicly owned recreational land temporarily impacted,and the added benefit of wider shoulders and a safety rail through most of this new Trail section on the riverward side of the trail,the proposed 4(f)use is beneficial in nature and will not adversely affect the features,attributes or activities qualifying the Centennial Trail for protection under Section 4(f). For parks,recreational facilities,and wildlife and waterfowl sanctuaries: The relocated Trail alignment and the reasons for re-alignment will be presented to the Spokane Valley City Council to provide an opportunity for public comment and for the Council to confirm that the relocation impacts are de minimis. The City Council public meeting will be held on October 6,2015. See Attachments for written concurrence by Chris Guidotti of State Parks,the official with jurisdiction over the Centennial Trail who must agree with the de minimis determination. See Attachments for the October 5,2015 State Parks letter that documents agreement with the proposed impacts and de minimis determination. For historic resources,attach Section 106 Documentation(Include SHPO concurrence in project-level findings (DOEs and or FOEs)and Programmatic Agreement Memos for archaeological resources). Not applicable. Request for Approval Based upon this analysis we request FHWA approval that the use of the Section 4(f) resource described above is de minimis as defined in 23 CFR 774.17. Melanie Vance, Environmental Engineer Date WSDOT Local Programs FHWA Approval PAGE 2 Roy Siegel, P.E.,Area Engineer Date FHWA Washington Division PAGE 3 - ---_-__—_—_----__-_-,v___---....:_ �� - '`- --- .-\ \\\ _STATE PARKS �' ��' 11- 11C------_--------":„--------,- _ -\ - -�=� ��_ J -- - -- - �-� \ ---TEMPORARY \' PROPERTY CITY STREET R/W APPROXIMATE `1 /-� -- - - _ _ • - -� ` \\��\��\ ��_ -.CONSTRUCTION��`��\� U ._-� _ _. . _ - `-�\ �`�� _ EASEMENT �\ �, BOUNDARY OF NEW \9p1. �1�3 „=✓�� :��` --~ _-- NIT/�� --- __ - � \ \ DISTURBANCE AREA /,�° - _-_ k___- — - __a �- / • -ORDINARY LIMITS OF STING y/�\\ g, --- --��'_ �- - ��\ i--- -` '_\__ _ ��_ ` HIGH WATER ��:, LIMITS OF NEW \ �...•\ C / \� - -. - - -. - -----.2--. -.�- \�_ \�� i--� 1 _�- -� -t00 YEAR --ELEV 1955.00 \\\ \SOUTHBOUND NOIRTHBOUND �i\ _----`��- `�_ _ - -' -- _ --"-'�`_- - _-�� \ i- SO0 YEAR _ALEV195970 IDGE . BRIDGE . --- --_ - - _ ._._- -]'_~ ,� � v- '_^"��.'-'�1��- _�� =_ _ \ \ v._ .-- ----'---�.- - - - - - L� -� _--- -------- 1014 cc SEWER L _ _ __ _ _ ._______;.:,_,_. _ _,...,. , ./ . �- _ --_ - '� FENCE =.,� - ------.'_"\ .- -�� \ BEGIN `. --_::.__-_-___—_-::_7--__1:-_-_—_-___----___---_----__-_ - - - __ --_- ��'RETAINING WALL�^--- - pt---- -- ENDRETAINING _'-� - -- _ _�_ / - - .----‘,.._,..... .,____+____7„:„ V!'' f _._ '^__=_� _STA 1+50± �� - WALL _ _ ---_-_ '- ATC X I I f_ _� 'TA3+7+ �\_ �' PAVE ENT "r - _ a _ _ _ _ --..411, _ MATCH EXISTINGaia. .. _ - - - <<. RETAINING WALL .` 3_EXISTING \---- - - -- - - = �_ PAVEMENT --EXIS1NG__,? c, FIBER OP C SEWER _ ._197s- ------------11---1-111-1_ - .-SEWER _ - _` \ 5`� 0'G � -_� _ --_ %-”- ---. --ti /_ - --_ - ��\�. ,moi' 0 �C 1-:-----------1------171-7------- 1 - .___19 --___- - - - - _ _ _ — 1303 SF - z-�_ _- - - - - - - -RELOCA N` SOUTH TRAI[_ y 1 '--- - f -TRAIL - i��f .J STAIRS \ 13 _`---�� = - -_ --19TT- .. _ ) _ /-- wos j -LOW/RETAINING j�,N p CURRENT _ - _ __ _ �- V- 1994 SF < ii WALL` = �c,e �� .-'2392 SF ' :' LOCATION OF =�_ __ _-_ �- - -=-- _-- = -_ter_ _ _ ,� TRAIL o - ,� - ==~_=_- - _ --_�.. _ _. _6' � --� \ \ _ 1990_' ;-901 \,• �• _591 ~_ hlw . , ----;‘;'N..2';'. .'\ \ ' ' \ / WEST BOUNDARY OF �: \ \ �, \ _- \ ssz r---- AREA OF POTENTIAL CENTENNI. _/ .- - - EFFECT(APE) TRAILHEAD ® i �9g9 / 0 20o _ .-..ACCESS..__ ___. --. _�\ SO19. ^ 1 \ _ - - 1093 �' i_-. N O -LOOK r/ O. .n \ 0" \ /' TEMPORARY CONSTRUCTION EASEMENT(5028 SF) PERMANENT CONSTRUCTION EASEMENT(1303 SF) Revised Centennial Trail PROFILE .0 Station 4+00 5+005+10 0 1+00 a 2+00 3+00 I 2020 I ! I rvf iA •,-se:ao I • I E I I PVI ELEV. 1976.729 pvi STA. _ 3+75.56 1 ,O I a m 1 i FV! STN - 2+61.90 I PVI ELEV. - +972.545 a) I I + 1 LEE K ',7.21 I i I _- - • _2010 •• a I I VL.c"LEV___19.70.fi32a I -I _ I w �- ao o I I so.* vci 1 I I__...I_ i - -� I =2000 _ I 1 �__m� 0`VC 1 1 K 7.10' 35.00. IC _.__- 1 1 w ____ _ _.,-- -_.__ _.._.-_-__——__ .._—__— .—_. __ __I_._—_ �_._ I -{--.-_ GRADE BREAK STA=4+23.93 J _ N . 1 i 1 i i I ' 1111 1 - 041 cri I � I � I - I 1 i ;-- -- --1990 N 1 -____ i I I 1 1 � _ _ i I IIII ELEV 19711 � - I I _ _ I -2.-64% I - I -1980 n 1 1.38% _ -- ----?8900 0.55%- __ .55% 1 -- -5.00% r+ _ ( I _ 3.11% 1 '1 0 i I i I 1 1 I I_ I )fi 2if4%�------� I ! r 1 I =1970 i I 1 I I I Li) I I I I I I I I =1960 a - o I i I I I ( I I I I . =1950 1 I ii � 1 I , - n- I I I I I- I +1940 . o+so 1 1+00 1 1+50 2w0 2+50 3+00 3.50 4+00 4 5+100 5+110 01 a -0 N W I 1 m N Do DIGITALLY SIGNED ON 04.0414 m PROJECT me TYPE ovlwhovEUEN STREET `r DRAWxPJK 0414 City of Spokane Valley SULLIVAN ROAD WEST BRIDGE REPLACEMENT w ,�,1 CH2M H I LL. - Department of Public Works c"iiikane SHEET FIGURE 1 M 0E51(167AM DI-/4 Ia SHEErrme a 717 W Sprague Avenue,Suite 800 11707 East Sprague Avenue,Suite 106 Z Spokane,WA 99201 - ah - O*EDRED.A.A6 0614 SPOKANE VALLEY,WA.99206 Valley' CENTENNIAL TRAIL REVISIONS PLAN - LI COMM. MYR 509-747-2000 REVISIONS APPROVED AD 01.14 (509)921-1000 OF 132 CALL BEFORE YOU DIG 1-800-424-5555-48 HOUR NOTICE REQUIRED • .-=-----------=-- - \ \:� 7 �\ , 'TEMPORARY �� \\ \ \ „,___, __\_, R:.• 0.,1 .1� „./,�9° / 3 --- ��\ �_l - =coNSTRucnoN �, /�� _ Line Table:Alignments ��\\ \ EASEMENT - —`` �,` \\ )\ h90ti//1..e/ /vi ` __�� -- ` O _� \ -��_.__ _,� ` `�� ` \:, \ \ \\ `-\„ /�/ f_` --- Lina# Length Direction Start Point End Pohl , (�� '' ��'� \ \\, \ ---"=-7--- __-----____,z1/_______:_---• - _------::____':2--: `-\�---' --� -- L1 75.36 S62°1T 24.9TE (2536069.64,266489.40) (2536136.35,266454.36) _ STA 1+20 _ -��\\� \ ORDINARY HIGH t _- BEGIN TRAIL_�.�� / /' �- �__ - -100 YEAR ` WATER �.,, �\; \ �� '--:.--.----_-�`;_-l- - - _-7-=-____---- -- L2 41.59 S62°17'24.9TE (2536136.35,266454.36) (2536173.17,266435.02) REALIGNMENT \'� i�--� - - FLOOD ELEV 1955.00 � •\� _- - MATCH EXISTING �� -500 YEAR - - /�- - - = _ - - 1.3 6.75 Sze°23'42.57E (2536225.94 266416.17) (253623255,26647182) _ \ _� ELEV 1959.70�— \ ----71:17:±______---: _ — - -- r _ _G FLOOD _ ---NL__-_- -----•__- .- '_. _ _ I \ BEGIN RETAINING ELEV 1962.86 _ ��'� - _ • \ ':.‘:a _SEWER -__--rte- -- L4 4.43 S56'14'40.3TE (2536392.07266348.15) (2536395.76,266345.69) \�\\�"' WALL - -- _ ---- `� ` FENCE ` = J--^STA 4+00 - �__z-- _ L5 50.67 S69°26'27.9TE (2536433.40,266325.96) (2536460.52,266307.35) ` =.�G SEE RW 8 •��' O —\ END TRAIL --/ --- � ®—� ' END RETAINING '- --"REALIGNMENT WALL HEX == --_-_�r ^ lel& `,� " '- SEE RW-08 __=MATS- _ _= Curve Table:Alignments it EXISTING- .10110. 1113.4 � 2�`�� , Lry 0 __ � Curve# Radius Length Chord Direction Start Point End Point 1 r e -- -r._— C1 20000 5612 S70 20 33.77'E 17317 266435 3622594 16 �, \ _._-_ 232 14 6392 07 6348 `' ---illaCilialigillliW "INVIIMEll C2 45000 17397 S67 19114TE . _ _ _ � _ _ ( 36395 5 ) ( 84 ' 4 r -� -- -- —�. 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REMOVE EXISTING ASPHALT PAVEMENT BETWEEN SAWCUTS AT PLAN 1+20 AND 4+00 OFIBER OPTIC REPRESENTATIVE SHALL BE NOTIFIED PRIOR TO COMMENCING ON ANY EXCAVATION WORK AND PRESENT DURING ALL EXCAVATION WORK 0 Station -0+10 0+90 I 1+00 c I I 2 100 I 3+00 { 4 X00 4 5+00 5+10 _2020 2020 - • rn$ I- PVI STA=1+60.00 - PVISTA=2+81.90 PVI STA.=3+75.513 _--- - - y PVI ELEV.=1976729 _19 ELEV.=1972545 - _ .__. __.-_. -- - . _. -2010 2011 . --______ : ,� _ _.__.. m si ,y�---__ - :._ K=6.50 .. __.i._ 1 • _._ _.._. PVI ELEV.K?7.1070.632 _. _.._.. K-6.09.__.._ - ! : 40.00'VC 1 ... 35.00'VC - w 5o.99'vc GRADE BREAK STA=4+00.00_ ------ -- --- -2000 200 w ELEV=;1971.640 - I 1 PROFILE- -1990 199 P - - - - - - ..__-•- - �-- - --� - ---�-- •--- -- - GRADE ... T - I I 1 I I I I \ I - I - - - - - _ ao 198 --- - __ __... \ _19 --. _ ._- _ - '- --- .__ _ -. -- 116°b c __ --_ -5.00% ,\ : _ j , 204%------- ----- -3 _1970 2.27 1970 - -- - ---_ -- - __ ------ - -._ _. - - - -_I 1 j EXISTING- - -- GROUND 1111 , I- - i i -1960 1960 -.------ --_ ! I I _ , I 1954 - - - - j I I l - I 1- 1- .. ----- =1950 i 1 1 6 1 , N 194 .-- -1940 o -0+10 0+00 0+50 1+00 1+50 2+00 2+150 3+00 3+50 4+001 4+50 5+100 5+110 u A W TRAIL PROFILE o< ucrrnurscn�PnoR DRAWN PX 01-14 City of Spokane Valley °R°JEc'1mE TPEOFIMPRO`BE"T STREET CH2MH I LL. • Department of Public Works SULLIVAN ROAD WEST BRIDGE REPLACEMENT WDESIGNERPx c4.44 p �4„4. a SHEET me 5� FIGURE 2 f 717 W Sprague Avenue,Suite 800 11707 East Sprague Avenue,Suite 106 �v z Spokane,WA 99201 „,„, a„E n O4E tED LAB 01.14 SPOKANE VALLEY,WA.99206 �valie CENTENNIAL TRAIL REVISIONS PLAN 509-747-2000 OF 132 REVISIONS AFPROVEaJ4D 0144 (509)921-1000 CALL BEFORE YOU DIG 1-800-424-5555-48 HOUR NOTICE REQUIRED • 'q �` ,8� _` _ - =' - CONSTRUCTION __- ---- TEMPORARY - _ - ---- - --• --_ '------"---"- --' EASE _ '- `-- - -__ _ -_ _ --- - __ = - - --• _ - —°4\ ':�� - - --.. • _ `� lS_, ' END ROCWALL STA 2+30 ti-„ + 7EMPORARYCON5TRUCTION - "`-- - ----- ----•-_- - CENTENNIALTRAIL - _ --'-- - - _ _ "�; - _ - ___-____,.\,__,•_1:,-,::.-_-,„ - `�''r _ _-EASEMENT ---- ---- . - S i ',_ -\ -�1r-- ._-- -..__.`_ --'--- -- \ILEWALL5TA3+20t, •--'� - - - _ TRAIL - - BEGIN50LDIERPILEWALL � ,�•;�`;,� --Jr--- .BEGIN TRAIL WALL5TAh44t ------- - --_ `- - _ -- ,- - ' '---- _ '� 8F7LTLENTENNIALTRAIL -- -- ------- -- - '--- --_ --- •-_ -- -- ---" - -- -" ,___;\, - - CENTERLINE - _ _ - '- -- - - _ l�r _ � EGIN ROCK WALL _ - �--- - .-- - _ -_- _ --_ _ _- ' � _______- BFTLTLENTENN� ___;___±.: _ _ - -- - _ +2;., __.,\ fl; - TRAIL CENTERLINE - -- 4 �- -.— 3+p :E p ' z_ r , Ll \ ----1" ---------:_- ______-,:--,--______•_-....-::_-_:-______...::::_______________________ ____________ ------_—____________.._.____._____.;._.____.__ _______ __. _,...-,,,_..______________ 1,..''.._____________ ,•,_ •.., - ....„.__:_..._:_:„___-..,, " " SCALE --'------FEET__•__ _-- :- ---- - ----_ -- - - - - - -_ _- _ - _ - - \� -" --�� - _ _ "" - _ - .___ - ,` '-," Ems.. \\ \ \__ -- - - __ ", ;p�% te �.. = T / �. . • WALL PLAN • i—i-- 1990 — �„_to'a' 990 • • i . I — so" " sora" no,-0„ — SEE SE 0 SOLDIER PILE WALL _ --_- - REEK WALL —1980 1981 --- —_ ------- N A TOP OFSEE SECTION B SEE SECTION A BENCH !DUSTING GRADE AT FRONT OF WALL - - y1�g ��f 4��o . .�� .L.•:.•� � o�.4 lr�fa0: __-----------------1970-. 197 ®® ®t®�'� ' _ �,, it ' 114Y.��l� •� mi.4111,1441. /a -- , illisli mikamitrAmill"11,- „WI.. !_ Tailliplifiliali o — I BOTTOM OF ROCK WALL • - ti 1961 ----- 1960 r o w _ 0 SOLDIER PILE,TYP BOTTOM OF STEEL LAG,ING PLATES 1950 1950 1+50 2+00 2+50 3+00 3+50 4+00 $' WALL ELEVATION 1"=10'-0" 1 HORIZ:2 VERT 4/4/14 aurm:am OM! CLtyofSpokaneValley arxcr � BRIDGE - SULLIVANROAD WEST BRIDGE REPLACEMENT FIGURE 3 C{H2M H I LL. CESKAFR,«, Department of Public Works ` 717 W Sprague Avenue,Suite 800 11707 East Sprague Avenue,Suite 106 s+ r,ms• CENTENNIAL TRAIL WALL ta + Spokane,WA 99201ef3011.70,1 roam �� 0'•1° a. SPOKANE VALLEY,WA.99206 PLANAND ELEVATION )(XX OF 132 LL 509-747-2000 REVISIONS AcrROVEDWJ m.+° (509)921-1000 CALL BEFORE YOU DIG 1-800-424-5555-48 HOUR NOTICE REQUIRED SAFETY RAIL SIMILAR TO WSDOT TYPE 6 CHAIN LINK ROCK WALL,MAX EXPOSED FACE 24"HIGH.MINIMUM SAFETY RAIL SIMILAR TO WSDOT TYPE 6 CHAIN LINK FENCE;4'FABRIC HEIGHT ABOVE 6"GAP AT BOTTOM EMBEDMENT 6" 21 SLOPE FENCE;4'FABRIC HEIGHT ASOVE 6"GAP AT BOTTOM OF FENCE.PLACE FABRIC ON TRAIL SIDE OF FENCE. 7980 FENCE ELEMENTS TO BE SLACK VINYL COATED. 1980 OF FENCE,PLACE FABRIC ON TRAIL 510E OF FENCE EMBED POSTS MIN.16"IN GROUND,ENCASED IN 2'-0" 12'-0" VARIES,SEE PLAN FENCE ELEMENTS SE BLACK VINYL COATED. . - - CONCRETE PER WSDOT STD DETAIL EMBED POSTS MIN..16"IN GROUND,ENCASED IN 21 SLOPE CONCRETE PEP WSDOT STD DETAIL 2-0" 12'-0" 2'-0" PROFILE GRADE - -- l— 8"MIN I 3"C5TC /GRANUL , ROCK WALL AT 1:4 BATTER ROCK /CONDOPTICFIBERUITS PROFILE GRADE PER WSDOT SECTION 9-13.7(1) d ,- FIBER OPTIC 1 3"C5TC [CONDUITS •7 06 _ 1 0 � 3'-0" Ile 6"MIN COMPACTED DEPTH 1970 I GE07EX LLE 1970 BENCH I� CSTC ON COMPACTED yTEEI SHEET 12 MIN DEPTH SUBGRADE DIGGING SANITARY SEWER. GRANULAR �COMPAC7ED BACKFILL 2"COMPACTED DEPTH 3'-0" BACKFILL 6"MIN COMPACTED HMA OVER 4"COMPACTED BENC DEPTH CSTC ON DEPTH C5TC ON COMPACTED SUBGRADE COMPACTED SUBGRADE 6'DRAIN PIPE 2'COMPACTED DEPTH HMA OVER 4"COMPACTED DEPTH C5TC ON COMPACTED SUBGRADE 1960 1960 W12 OR W14 SOLDIER PILES AT 9'-0"SPACING. b EXTEND 15'BELOW BENCH o STATION 2+20 SHOWN TYPICAL DOCK WALL SECTION A ` 1/4".1'-0" RIM 05 2'-0"DIA SHAFT FOR SOLDIER PILE E STATION 2+90 SHOWN a. tti TYPICAL SOLDIER PILE WALL SECTION 8 to0 N Op O Lu , Q 0 F- s 3 N ci 3 It. 0 6%25/14 PROJECT TIRE YPEOF,A6RO EAEM: BRIDGE DRAWN DNB City of Spokane Valley SULLIVAN ROAD WEST BRIDGE REPLACEMENT W �/ CH2M H I LL. DESIGNERMa — Department of Public Works S""one 'ET' 5N'ET FIGURE 4 717 W Sprague Avenue,Suite 800 11707 East Sprague Avenue,Suite 106 TRAIL WALL SECTIONS AND DETAILS z 41111111.' Spokane,WA 99201 _ o� m p �� 01.14_ SPOKANE VALLEY,WA.99206 � 1 '' XXX OF 132 LL 509-747-2000 REVISIONS APPROVED.W V w (509)921-1000 CALL BEFORE YOU DIG 1-800-424-5555-48 HOUR NOTICE REQUIRED .1 RIGHT OF WAY,PROPERTY WALL70R.vv,I LINES,TYP.SEE LEGEND AND 1 i� i �� -�� DESCRIPTION ON SHEET 0-03 : :` ; :f :•:./..B • ON BLOC �\ N /UTHER . ASPHSEE DWG.TR-04/ . .•* ,... ,....,..,/:. .. .. .. . , = 6 „,,. --m--......,,,,,,'''''''' '''''''''7-.............17.... --I''''' ..-'''''''''''''''''' ..- • • EL 197 �PAVEM -\ . . - L 1976.90 _ Ee ��6 \ �EL 198861 : �- 1 sk J 1 • 2 PEDESTRIAN CI b CJ p NG,51M RAIU m SECTION D Q ..... ..... _ ............ ,,,,,,_7 ...._.,......... ..=... v . J J .. . _ _ i - EDGE OF OVERLOOK I \d l :` EXIST STAIRS . . .... _ ril y a 1 PCC SLAB I I ,' ;` (TO BE REMOVED) EDGE OF FOOTING 1. PEDESTRIAN RAILING "\-------/\... /\ PLAN (BELOW) I /-- ..i.•.. . • • AT STAIRWAY 'Afi'-1'-0” � \\/PIt ROVIDE PIGMENTED SEALER SINGLE RAL / AliI SEE . ON ALL EXPOSEDRAILING RAIL SURFACES TO STAIRWAY BALK OF / r 7� - - - - - - - - - • M 1'MIN-BELOW FINISHED GRADE PAVEMENT SEAT / -02 --�11.1. 1.1.m.- PLAN r� W m w / PLAN ��1- Z u CURB,SEE glk / o e°C o e9 �� m / A /\�\\\ RAILING AT PEDESTRIAN SINGLE RAIL _ \\ STAIRWAY RAILING AT 2'CIR. #5 p112"CONTINUOUS ' STAIRWAY TYP. —IIIIII— 1 AROUND WALL CORNERS 3"DIA DRAIN 6" , #6 012" Mk CURB,SEE ABOVE FINISH GRADE #6®6" m I �, 3'-0" ` GRAVEL BACKFILL FOR WALLS 1'-0"SOUTH r / . GRAVEL BACKFILL FOR DRAINS //\\\ /OVERLOOK WALL -III-111 V47.'''''.'11:10,0 11- 111.. #5 012' so ! \\ -� =I 2"CLR7-111=__111:::: ,, %i' •i'i-"i% Il #5 12 E.F- PEDESTRIAN RAILING r T T - TMP ii AT SOUTH OVERLOOK 5" 7" 4" BIKE GUTTER + f Q� #5 5 12"EF. ELEV.1980.00 1—111 - %"THICK BUTYL RUBBER SHEETING, SINGLE RAIL #5 012"TOP RAILING POST &�. BOND WITH ADHESIVE,6"EACH SIDE I111- h"CHAMFER ihil ., 3-#4 CONI1; 6"UNDERDRAIN PIPE,CONNECT TO CURTAIN WALL(BELOW) PEDESTRIAN RAILING FOLLOW SLOPE UNDERDRAIN PIPE AT PIER 1 OF BRIDGE ---- FOR BRIDGE + 111FP #6 0 6" 1'-0" SECTION B - 11 /\\\ #5 12 v � _ -a --a-e -a-a b U MINI \\ 6" r l 0 5'-a' PEDESTRIAN RAILING bL f A7 STAIRWAY N SECTION A ;, 9 4" $ BACK OF PAVEMENT SEAT -1-11117.----11111- le=V-0" IV ,..- Lu g 3"INSIDE DIA x B"LONG PVC FILL SLEEVE WITH NON-SHRINK 3 w o PIPE SLEEVE AT RAILING GROUT PRIOR TO INSERTING Z lii / -- POST,GAP BOTTOM RAILING P05T 0 ¢G o / o1- m k /\/\ ak �� _ 7. PLAN 5 _ 2"HMA ALL, s DETAIL D CURB DETAIL �/ - OVER COMPACTED SUBGRADE 4"csrc 3 ,"=,,-0„ v 1'"=1'-0" CO NOTE:CONCRETE FOR STAIRWAY AND SECTION dr& b WALL SHALL BE CONC.CLASS 4000. v SZ T*PEOF BRIDGE CRAM:: : City ofSpokane Valley SULLIVAN ROAD WEST BRIDGE REPLACEMENT W f C1" Sprague DEsiGNEttutu �,, Department of Public Works sisokai s r,mF SOUTH OVERLOOK WALL SHEET FIGURE 5 717 W Sprague Avenue,Suite 800 11707 East Sprague Avenue,Suite 106 "� Spokane,WA 99201 , = POT n °' 01-" SPOKANE VALLEY,WA.99206 5 1v' PLAN AND SECTIONS z 509-747-2000 117 OF 132 REVISIONS A%TroVFRwu m4+ (509)921-1000 CALL BEFORE YOU DIG 1-800-424-5555-48 HOUR NOTICE REQUIRED