Loading...
Agenda 04/08/2004 SPOKANE VALLEY PLANNING COMMISSION AGENDA Council Chambers - City Hall 11707 E. Sprague Avenue 6:30 p.m.-9:30 p.m. * * * April 8, 2004 * * * I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES • March 11, 2004 VI. PUBLIC COMMENT VII. COMMISSION REPORTS VIII. ADMINISTRATIVE REPORT IX. COMMISSION BUSINESS New Business: • Public Hearing—Section 9.05 Uniform Development Code,Grading&Excavation • Discussion of Comprehensive Plan Natural Environment Chapter Draft • Study Session on street vacation request#STV-01-04 X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT COMMISSIONERS CITY STAFF Fred Beaulac Marina Sukup,AICP Robert Blum Greg McCormick,AICP John G. Carroll Scott Kuhta,AICP David Crosby Debi Alley William Gothmann, Chair Gail Kogle Ian Robertson, Vice-Chair www.spokanevalley.orq CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: 8 April 2004 City Manager Sign-off: Item: Check all that apply: ❑consent D old business ®new business ®public hearing 0 information 0 admin.report ® pending legislation AGENDA ITEM TITLE : GRADING AND EXCAVATION ORDINANCE HEARING GOVERNING LEGISLATION: RCW 35A.11.020/ City of Spokane Valley Ord. #40. PREVIOUS COUNCIL ACTION TAKEN: Fee Resolution , Ord. #40 and 3.30.04 recommendation from Council for Public Hearing. BACKGROUND: The 1997 Edition of the Uniform Building Code contained Appendix Chapter 33 to promote regulation of grading, excavation and fill work. Appendices are required to be specifically adopted by local ordinance to be in effect and enforced. Spokane Valley did not adopt this Appendix Chapter in the original Building Code Ordinances, although Ordinance #40 Section 8 did amend that Appendix Chapter. In addition, we have established a fee for obtaining Grading Permits. Appendix Chapter #33 was reformatted from Appendix Chapter #70 found in earlier editions of the Uniform Building Code. Although much of the language remained constant, over the years different ideas were brought into the body of the Chapter and small changes were made. It eventually became somewhat muddied. Finally, as the Uniform Codes were being replaced by the International Codes, that Appendix Chapter disappeared entirely. With the lack of direction for regulating earth work, a new regulation was designed. In cooperation with Dave O'Day, a Civil Engineer from Boise, a new Grading Chapter was developed for use in a different jurisdiction. Language was cleaned up, Testing Standards were updated and new definitions were added. In general, the old code was taken apart, the pieces cleaned and reorganized into a better working document. The effort was successful as the ordinance has worked very well. Faced with not having a Grading and Excavation Ordinance in the City of Spokane Valley, this draft ordinance was presented to Senior Engineer John Hohman, PE. Engineer Hohman reviewed the proposed draft ordinance and altered the document to meet the requirements for the state of Washington and other City of Spokane Valley Ordinances. What is being presented to City Council as a first touch is that document supported by the City Public Works Department and the Community Development Department. A Grading Ordinance is very important for any community to enforce. It establishes the base line for the preparation of building sites, parking lots and earthen berms. This ordinance compliments our Storm Water and Flood Plain Ordinances as well as, among other things, details criteria for subdivision development and fire department access on private property. OPTIONS: Forward proposed Ordinance to Council with recommendation to pass or defeat proposed Ordinance. RECOMMENDED ACTION OR MOTION: Motion to present to City Council for approval. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Spokane Valley Building Official Scholtens Attachment: Draft Grading and Excavation Ordinance ORDINANCE NO. 04- AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING 9.05 OF THE SPOKANE VALLEY UNIFORM DEVELOPMENT CODE CLEARING & GRADING; REPEALING ORDINANCES IN CONFLICT; ESTABLISHING PENALTIES FOR NON-COMPLIANCE; AND PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Legislature of the State of Washington has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health,safety,and general welfare of its citizenry;and WHEREAS, regulating Excavation and Grading activities is one of those responsibilities;and, WHEREAS,the Spokane Valley Uniform Development Code has been designated as the document intended to contain development regulations for the City; NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Section 9.05. of the Spokane Valley Uniform Development Code is hereby established to read as follows: Section 9.05. Excavation and Grading Section 9.05.01. Purpose a. General. The purpose of this chapter is to safeguard health,safety and welfare by regulating grading and excavation, including fills and embankments,on public and private property located within the City of Spokane Valley,Washington and to establish procedures for the issuance of permits;approval of plans and inspection of grading construction.. b. Enforcement.The Building Official is hereby authorized and directed to enforce the provisions of this section. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code or any other county,state or federal law or ordinance. c. Liability. The Building Official,or City of Spokane Valley employee charged with the enforcement of this section,while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this section or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this section shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action,suit or proceeding that is instituted in pursuance of the provisions of this section. d. Appeal. An appeal of any decision made by the Spokane Valley Building Official shall be pursuant to Article III, Section 1.20.39. Spokane Valley Uniform Development Code. 9.05.02 Permit Required Except as specified in Section 9.05.03 of this section,no person shall do any grading without first having obtained a Spokane Valley Grading Permit from the building official. All grading within the City of Spokane Valley shall comply with the Washington State Environmental Policy Act. 9.05.03 Exempted Work When approved by the Building Official,a Grading Permit shall not be required for the following: 1. Grading in an isolated,self-contained area if there is no danger to private or public property.Provided however,that any grading in any floodplain or floodway shall not be exempt from a Grading Permit. 2. Work located within a dedicated public right-of-way. 3. Landscape ponds or water features that do not exceed 500 sq feet water surface area,do not exceed than three foot in depth and are fully lined with an approved synthetic pond liner. 4. Excavation below finished grade for basements and footings of a building,retaining wall or other structure less than four feet in depth or authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet(1524 mm)after the completion of such structure. 5. Cemetery graves. 6. Refuse disposal sites controlled by other regulations. 7. Excavations for wells,tunnels or utilities. This includes any grading required for equipment staging,not including roads,facilitating the excavation. 8. Mining,quarrying,excavating,processing or stockpiling of rock,sand,gravel,aggregate or clay where established and provided for by law,provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property. 9. Exploratory excavations under the direction of soil engineers or professional geologists. 10. An excavation that(1)is less than 2 feet in depth or(2)does not create a cut slope greater than 5 feet in height and steeper than 1 unit vertical in 1 1/2 units horizontal(66.7% slope). 11. A fill less than 1 foot in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal(20%slope). Less than 3 feet in depth,not intended to support structures that does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course. This exemption includes landscape berms if the plot plan indicates a no build zone where a specific berm is located and no slope is created greater than 1 unit vertical in 1 1/2 units horizontal(66.7%slope)not more than five feet(5')in height and there is no danger to private or public property. Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of this jurisdiction. Section 9.05.04.Testing. The standards listed below are,for the purpose of this Code, recognized standards: 1. ASTM D 1557,Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort 2. ASTM D 1556,Test Method for Density and Unit Weight of Soil In Place by the Sand- Cone Method 3. ASTM D 2167,Method for Density and Unit Weight of Soil In Place by the Rubber Balloon Method 4. ASTM D 2937,Test Method for Density of Soil In Place by the Drive-Cylinder Method 5. ASTM D 2922,Test Methods for Density of Soil and Soil-Aggregate In Place by Nuclear Methods(Shallow Depth) 6. ASTM D 3017,Test Method for Water Content of Soil and Rock in Place by Nuclear Methods(Shallow Depth) 7. ASTM D 698,Moisture-density Relations of Soils and Soil Aggregate Mixtures. 8. ASTM D 2488,Practice for Description and Identification of Soils(Visual-Manual Procedure). 9. ASTM D 2487,Test Method for Classification of Soils for Engineering Purposes (Unified Soil Classification System) Section 9.05.05. HAZARDS a Whenever the building official determines that any existing excavation,embankment or fill on public or private property has become a hazard to persons or property,or adversely affects the safety,use or stability of a public way or drainage channel,the owner or other person or agent in control of said property,upon receipt of notice in writing from the building official,shall within the period specified therein repair or eliminate such excavation or embankment.t b Work that is done without a Grading Permit,if such permit would have been required,shall be considered hazardous and a public nuisance,subject to all enforcement actions and penalties as found in the Spokane Valley Uniform Development Code Section 1.20. Section 9.05.06 DEFINITIONS For the purposes of this chapter,the definitions listed hereunder shall be construed as specified in this section. APPROVAL shall mean that the proposed work or completed work conforms to this chapter in the opinion of the building official. AS-GRADED is the extent of surface conditions on completion of grading. BEDROCK is in-place solid rock. BENCH is a relatively level step excavated into earth material on which fill is to be placed. BORROW is earth material acquired from either an on or off-site location for use in grading on a site. CIVIL ENGINEER is a professional engineer registered in the state of Washington to practice in the field of civil works. CIVIL ENGINEERING is the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works. COMPACTION is the densification of a fill by mechanical means. EARTH MATERIAL is any rock,natural soil or fill or any combination thereof. ENGINEERING GEOLOGY is the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. EROSION is the wearing away of the ground surface due to movement of wind,water or ice. EXCAVATION is the mechanical removal of earth material. FILL is a deposit of earth material placed by artificial means. GEOTECHNICAL ENGINEER See"soils engineer". GRADE is the vertical location of the ground surface. 1. Existing Grade is the grade prior to grading. 2. Finish Grade is the final grade of the site that conforms to the approved plan. 3. Rough Grade is the stage at which the grade approximately conforms to the approved plan. GRADING is any excavating or filling or combination thereof. KEY is a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. ORGANIC MATERIAL is material derived from living things. PROFESSIONAL GEOLOGIST is a geologist experienced and knowledgeable in engineering geology and licensed by the state of Washington to practice. PROFESSIONAL INSPECTION is the observation and testing to determine conformance with project plans and specifications required by this code performed by the civil engineer, soils engineer and/or professional geologist. Such inspections include that performed by persons supervised by such engineers or geologists and shall be sufficient to form an opinion relating to the conduct of the work. SEPA Washington State Environmental Policy Act. SITE is any lot or parcel of land or contiguous combination thereof,under the same ownership,where grading is performed or permitted. SLOPE is an inclined ground surface the inclination of which is a ratio of horizontal distance to vertical distance,expressed as a percentage. SOIL is a natural aggregate of mineral grains that can be separated by such gentle mechanical means as agitation in water. GEOTECHNICAL ENGINEER(SOILS ENGINEER)is an engineer experienced and knowledgeable in the practice of soil mechanics and foundation engineering(geotechnical engineering)licensed by the state of Washington. GEOTECHNICAL ENGINEERING(SOILS ENGINEERING)is the application of the principles of soil mechanics and foundation engineering in the investigation,evaluation and design of civil works involving the use of earth materials and the observation and/or testing of the construction thereof. SPOILS are any materials removed from an excavation. Spoils are not precluded from re- use in fills. TERRACE is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. Section 9.05.07 GRADING PERMIT REQUIREMENTS 1. Permits Required.A separate permit shall be obtained for each site,and may cover both excavations and fills. 2. Work Without a Permit. Grading commenced without first obtaining a Grading Permit from the Building Official,unless exempt pursuant to Section 3.02 of this code, is subject to all penalties described in Section 1.20.39.of the Spokane Valley Uniform Development Code Article III including the assessment of an investigative fee for the portion of the work accomplished without a permit pursuant to Section 3.02.08.1 of the Spokane Valley Uniform Development Code,based on the value of the work accomplished illegally. The fee is payable prior to the acceptance of a Grading Permit Application. Payment of the investigative fee does not vest the illegal work with any legitimacy,nor does it establish any right to any permit for continued development of the project. Excavation or fill work that remains illegal for 90 days after service of a Stop Work Order shall be deemed hazardous. 3. Application.The provisions of IBC Section 106 are applicable to grading. Additionally,the permit applicant shall note the estimated quantities of work involved on the Spokane Valley Grading Permit Application. 4. Grading Designation.Grading in excess of 500 cubic yards shall be performed in accordance with the approved grading plan prepared by a civil engineer,professional geologist,geotechnical engineer or landscape architect licensed to practice in the state of Washington,and shall be designated as"engineered grading." Grading being proposed in areas identified within Spokane Valley as"Critical Areas"that require a Washington licensed design professional to prepare grading plans shall qualify as engineered grading. Grading involving less than 500 cubic yards shall be designated "regular grading" unless permitee elects"engineered grading",or the submitted plans are prepared by an Washington licensed design professional,or the building official determines that special conditions or unusual hazards exist,in which case grading shall conform to the requirements for engineered grading. Section 9.05.08 Engineered Grading Requirements. Application for a grading permit shall be accompanied by two sets of plans and specifications, and supporting data consisting of a soils engineering report and/or an engineering geology report. The plans and specifications shall be prepared,signed and sealed by a design professional licensed by the state of Washington. That individual shall be considered the registered design professional in responsible charge. 1. Specifications. Specifications shall contain information covering construction and material requirements. 2. Plans. Plans shall be dimensioned,drawn upon suitable material and drawn with sufficient clarity to illustrate the nature and extent of the proposed work and shall include the following: a. General vicinity of the proposed site. b. Property limits and accurate contours of existing ground and details of terrain and area drainage. c. Limiting dimensions,elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction. d. Detailed plans of all surface and subsurface drainage devices,walls,cribbing,dams and other protective devices to be constructed with,or as a part of,the proposed work,together with a map showing the drainage area and the estimated runoff of the area served by any drains. A design criterion is a 100 year event. e. Location of any buildings or structures on the property where the work is proposed and the location of any buildings or structures on land of adjacent owners that are within 15 feet of the property or that may be affected by the proposed grading operations. f. Recommendations included in the soils engineering report and the engineering geology report shall be incorporated in the grading plans or specifications. When approved by the building official,specific recommendations contained in the soils engineering reports and the engineering geology reports,which are applicable to grading,may be included by reference. g. A SEPA form shall be submitted,along with all other plans to complete an application. h. The dates of the soils engineering and engineering geology reports together with the names, addresses and phone numbers of the firms or individuals who prepared the reports and their professional stamp and/or seal. Section 9.05.09 Residential Subdivision Grading. Grading associated with residential subdivision development shall be"engineered grading". Plans for Residential Subdivision Grading shall contain the following details in addition to the general information required under 9.05.07. 1. Details of subdivision construction to mitigate the effects of storm water and irrigation run off for all lots and areas of the subdivision. Specific site construction requirements to mitigate collection of water in crawlspaces and basements. 2. Final location of all grading construction spoils. If spoils are placed on building lots, the surface overburden, i.e.topsoil and any underlying soils not conforming to the project requirements of the lots shall be removed prior to the placement of any other fill.If lots are comprised of fill materials more than two feet in depth,the compacted fill materials below two feet in depth from finished grade shall have a minimum allowable bearing capacity of 1500 pounds per square foot. In addition, if the foundation is placed on fill materials,a foundation analysis and design,prepared by a licensed Washington engineer,shall be required to be submitted with any subsequent Spokane Valley Building Permit Application. 3. Maximum and minimum elevations for all basement and crawl space floors. Maximum and minimum elevations for the top of foundation walls. Maximum elevation for lot/ property boundary lines to provide positive drainage from building sites. 4. Requirements for swales or drainage devices to manage storm water and landscape irrigation runoff. Section 9.05.10 Ponds,Water Features and Man-made Lakes. All ponds,water features and man-made lakes greater than 500 sq.ft.in surface area shall be engineered grading. Plans and specifications for ponds,water features and man-made lakes greater than 500 sq. ft.in surface area shall contain the following details in addition to the general information required under 9.05.07: 1. Plot plan showing the location of all proposed pond construction relative to any lot line, utility easement,septic system or replacement area for septic systems. 2. Details of pond construction including section views,soil materials, lining material, special inspection/observation program and spoils disposal. Provide proposed final water surface elevation. 3. Details of any water retention device or dam along with provisions for overflow. 4. Written approval of a water source required to maintain the pond demonstrated by water rights,well permit or other documentation provided by state of Washington Department of Ecology(DOE). Indicate classification and status with respect to DOE dam safety regulations(Chapter 173-175)If exempt,justification of exempt status is required. 5. Proof of notification of the proposed construction submitted to the U.S.Army Corp of Engineers. 6. If fish are proposed to be stocked in the pond,proof of Washington Fish and Game approval is required. Section 9.05.11 Private Driveways. Private Driveways in excess of 150 feet in length measured from the intersection of the public way to the building the driveway serves shall be considered engineered grading regardless of the amount of excavation or fill required for construction. Specifications for these private driveways are: 1. Dimensions. Unobstructed width of 20 feet and an unobstructed height of 13 ft 6 inches. 2. Surface. The surface of a private driveway shall be designed and maintained to support a 75,000 pound fire truck. The road shall be surfaced so as to provide all- weather driving capabilities. 3. Turn radii. Turn radii of 28.5 feet minimum are required. Smaller radii may be used if a design is submitted that will allow a 75,000 pound fire truck to drive over the curb or road shoulder. 4. Turnaround. For private driveways over 150 feet in length,a 120 foot hammerhead, 60 foot"Y"or a 96 foot diameter cul-de-sac is required. 5. Grade. Private driveways equal to or exceeding a 10%slope are required to have those areas of the driveway that equal or exceed a 10%slope paved with a hard,non slip,water repellant surface,such as asphalt or Portland cement concrete. Section 9.05.12 Soils Engineering Report.The soils engineering report shall include data regarding the nature,distribution and strength of existing soils. Conclusions and recommendations for grading procedures and design criteria for corrective measures,including buttress fills,when necessary,and an opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes shall be included. Section 9.05.13 Engineering Geology Report.The engineering geology report shall include an adequate description of the geology of the site,conclusions and recommendations regarding the effect of geologic conditions on the proposed development,and opinion on the adequacy for the intended use of sites to be developed by the proposed grading,as affected by geologic factors. Section 9.05.14 Regular Grading Requirements.Each application for a grading permit shall be accompanied by a plan in sufficient clarity to indicate the nature and extent of the work.The plans shall give the location of the work,the name of the owner and the name of the person who prepared the plan.The plan shall include the following information: 1. General vicinity of the proposed site. 2. Limiting dimensions and depth of cut and/or fill. 3. Location of any buildings or structures where work is to be performed and the location of any buildings or structures within 15 feet of the proposed grading. Section 9.05.14.1 CUTS and EXCAVATION 1. General.Unless otherwise recommended in the approved soils engineering or engineering geology report,cuts shall conform to the provisions of this section. 2. Slope.The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than 1 unit vertical in 2 units horizontal(50%slope). Cut slopes steeper than 50%shall require an Engineered Grading Permit. Section 9.05.14.2 FILLS 1. General.Unless otherwise recommended in the approved soils engineering report,fills shall conform to the provisions of this section. 2. Preparation of Ground. Fill slopes shall not be constructed on natural slopes steeper than 1 unit vertical in 2 units horizontal(50%slope).The ground surface shall be prepared to receive fill by removing vegetation,non-complying fill,topsoil and other unsuitable materials and scarifying to provide a bond with the new fill. Where slopes are steeper than 1 unit vertical in 5 units horizontal(20%slope)and the height is greater than 5 feet,an Engineered Grading shall be required. 3. Fill Material.Detrimental amounts of organic material shall not be permitted in fill. Except as permitted by the building official,no rock or similar irreducible material with a maximum dimension greater than 12 inches shall be buried or placed in fill. Prior to issuance of the grading permit,potential rock disposal areas shall be delineated on the grading plan. Rock sizes greater than 12 inches in maximum dimension shall be 10 feet or more below grade,measured vertically. Rocks shall be placed so as to assure filling of all voids with well-graded soil. 4. Compaction.All fills shall be compacted to a minimum of 90 percent of maximum density. Section 9.05.14.3.SETBACKS 1. General.Unless otherwise recommended in the approved soils engineering report,cut and fill slopes shall be set back from site boundaries in accordance with this section. 2. Top of Cut Slope.The top of cut slopes shall not be made nearer to a site boundary line than one fifth of the vertical height of cut with a minimum of 2 feet. 3. Toe of Fill Slope.The toe of fill slope shall be made not nearer to the site boundary line than one half the height of the slope with a minimum of 2 feet and a maximum of 20 feet. Where a fill slope is to be located near the site boundary and the adjacent off-site property is developed,special precautions shall be incorporated in the work as the building official deems necessary to protect the adjoining property from damage as a result of such grading. These precautions may include but are not limited to: a. Additional setbacks. b. Provision for retaining or slough walls. c. Mechanical or chemical treatment of the fill slope surface to minimize erosion. d. Provisions for the control of surface waters. 4. Modification of Slope Location.The building official may approve alternate setbacks. The building official may require an investigation and recommendation by a qualified soils engineer or professional geologist to demonstrate that the intent of this section has been satisfied. Section 9.05.14.4. DRAINAGE AND TERRACING 1. General.Unless otherwise indicated on the approved soils engineering report,drainage facilities and terracing shall conform to the provisions of this section for cut or fill slopes steeper than 1 unit vertical in 3 units horizontal(36.3%slope). 2. Terrace.Terraces at least 8 feet in width shall be established at not more than 30-foot vertical intervals on all cut or fill slopes to control surface drainage and debris. Where only one terrace is required,it shall be at mid-height.Cut or fill slopes greater than 60 feet in height shall be designed by soils engineer and shall be considered Engineered Grading. 3. Drainage. Swales or ditches on terraces shall have a minimum gradient of 5 percent and must be paved with reinforced concrete or gunite not less than 3 inches in thickness or an approved equal paving.They shall have a minimum depth at the deepest point of 1 foot and a minimum paved width of 5 feet. A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet(projected)without discharging into a down drain. 4. Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability. 5. Interceptor Drains. Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes toward the cut and has a drainage path greater than 40 feet measured horizontally.Interceptor drains shall be paved with a minimum of 3 inches of reinforced concrete or gunite,or an approved equivalent. Drains shall have a minimum depth of 12 inches and a minimum paved width of 30 inches measured horizontally across the drain.The slope of drain shall be approved by the building official. 6. Disposal.All drainage facilities shall be designed to carry 100 year event waters to the nearest practicable drainage way or other discharge point approved by the building official. Erosion of ground in the area of discharge shall be controlled by installation of down drains or other devices. 7. Building Pads. Surface drainage shall be diverted to a storm sewer conveyance or other approved point of collection so as to not create a hazard. Lots shall be graded so as to drain surface water away from foundation walls. The grade away from foundation walls shall fall a minimum of 6 inches within the first 10 feet. Exception: Where lot lines,walls,slopes or other physical barriers prohibit 6 inches of fall within 10 feet,drains or swales shall be provided to ensure drainage away from the structure. Section 9.05.15 EROSION CONTROL 1. Slopes.The faces of cut and fill slopes shall be prepared and maintained to control erosion.This control may consist of effective planting.The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted. 2. Other Devices.Where necessary,check dams,cribbing,riprap or other devices or methods shall be employed to control erosion and provide safety. 3. Other Requirements. The issuance of a Grading Permit does not obviate or reduce Federal EPA or Washington Department of Ecology regulations for controlling pollution or erosion by the applicant,the contractor or the property owner. 4. Issuance. The building official may require that grading operations and project designs be modified if delays occur which incur weather-generated problems not considered at the time the permit was issued. The building official may require professional inspection and testing by a soil engineer. When the building official has cause to believe that geologic factors may be involved,the grading will be required to conform to Engineered Grading requirements. Section 9.05.16 GRADING FEES 1. General. Fees shall be assessed in accordance with a resolution approved by the Spokane Valley City Council. 2. Plan Review Fees.When a plan or other data is required to be submitted,a plan review fee shall be paid at the time of submitting plans and specifications for review. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code.For excavation and fill on the same site,the fee will be based on the volume of excavation or fill,whichever is greater. 3. Grading Permit Fees.Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code.There shall be no separate charge for standard terrace drains and similar facilities. 4. Bonds The building official may require performance bonds or other instruments of credit in such form as may be acceptable to the Spokane Valley Director of Public Works in amounts deemed necessary to ensure that the work,if not completed in accordance with the approved plans and specifications,will be corrected to eliminate hazardous conditions. Section 9.05.17 GRADING INSPECTION 1. General. Grading operations for which a permit is required shall be subject to inspection by the building official. 2. Professional inspection. Professional observation and testing to determine conformance with project plans and specifications of grading operations shall be provided by the civil engineer,soils engineer and/or the professional geologist retained to provide such services in accordance with Section 6.4 for engineered grading and as required by the building official for regular grading. That individual shall be the registered design professional in responsible charge. 3. Civil Engineer. The civil engineer shall provide professional observation and testing to determine conformance with project plans and specifications within such engineer's area of technical specialty,which shall consist of observation and review as to the establishment of line,grade and surface drainage of the development area. If revised plans are required during the course of the work they shall be prepared by the civil engineer and submitted to the Building Official for review and approval prior to any of the revised work commencing. 4. Soils Engineer. The soils engineer shall provide professional observation and testing to determine conformance with project plans and specifications within such engineer's area of technical specialty,which shall include observation during grading and testing for required compaction.The soils engineer shall provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this chapter.Revised recommendations relating to conditions differing from the approved soils engineering and engineering geology reports shall be submitted to the permitee,the building official and the civil engineer. 5. Professional geologist.The professional geologist shall provide professional observation and testing to determine conformance with project plans and specifications within such engineer's area of technical specialty,which shall include professional observation and testing of the bedrock excavation to determine if conditions encountered are in conformance with the approved report.Revised recommendations relating to conditions differing from the approved engineering geology report shall be submitted to the soils engineer. 6. Permitee.The permitee shall be responsible for the work to be performed in accordance with the approved plans and specifications and in conformance with the provisions of this code,and the permitee shall engage consultants,if required,to provide professional inspections on a timely basis.The permitee shall act as a coordinator between the consultants,the contractor and the building official. In the event of changed conditions, the permitee shall be responsible for informing the building official of such change and shall provide revised plans for approval prior to any revised work commencing. 7. Building Official.The building official shall inspect the project and/or the inspection documents at the various stages of work requiring approval to determine that the project is within the requirements of this code. 8. Notification of Noncompliance.If,in the course of fulfilling their respective duties under this chapter,design professional in responsible charge finds that the work is not in conformance with this chapter or the approved grading plans,the discrepancies shall be reported immediately in writing to the permitee and to the building official. 9. Transfer of Responsibility. If the registered design professional in responsible charge is changed during the execution of the Spokane Valley Grading Permit,the work shall be stopped until the replacement has been named and been approved by the building official. Further,that replacement shall agree in writing to accept their responsibility within the area of technical competence.It shall be the duty of the permitee to notify the building official in writing of such change prior to the recommencement of such grading. Section 9.05.18 COMPLETION OF WORK 1. Final Reports.Upon completion of the rough grading work and at the final completion of the work,the design professional in responsible charge for Engineered Grading or when professional observation and testing to determine conformance with project plans and specifications is performed for regular grading,as applicable,shall submit record plans and a final report. Those plans and reports shall indicate: a. All Grading work was done in conformance with the approved plans. b. All discrepancies encountered with the approved plans and resolutions of those discrepancies. c. All plans and reports shall bear the stamp or seal of the licensed professional preparing the report. 2. Notification of Completion.The permitee shall notify the building official when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices,and all erosion-control measures have been completed in accordance with the final approved grading plan,and the required final reports have been submitted to Spokane Valley. 3. Violations. Any work done in violation of any of the provisions of Article III, Spokane Valley Uniform Development Code that continues to remain in violation is declared to be a public nuisance. Article I,Section 1.20,Spokane Valley Uniform Development Code is specifically cited to address those continued,unresolved violations. Section 9.05.19 Reserved. Section 2. Severability. If any provision of this chapter or the application to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable. 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. Approved by the City Council this day of ,2004. Michael DeVleming,Mayor ATTEST: Christine Bainbridge,City Clerk Approved as to form: Cary P.Driskell,Deputy City Attorney Date of publication: Effective date: Greetings; Spokane Valley incorporated on March 31, 2003. The Growth Management Act allows 4 years for our City to adopt a comprehensive plan and implementing development regulations. We intend to adopt a comprehensive plan that is consistent with the goals of the GMA and the Countywide Planning Policies for Spokane County. As we develop our own GMA compliant Comprehensive Plan, we may consider amendments to our Interim Comprehensive Plan, which we inherited from Spokane County. We will also process amendments to our development regulations if they are consistent with the Interim Plan. During this interim period, Spokane Valley is clearly not subject to RCW 36.70A.106. However, consistent with your request that we forward all development related requests to CTED for review and comment, please find the attached Determination of Nonsignificance, SEPA Environmental Checklist and Draft City of Spokane Valley Excavation and Grading Ordinance. A Public Hearing concerning the City of Spokane Valley Grading and Excavation Ordinance is scheduled in front of the City of Spokane Valley Planning Commission for April 8, 2004, at 6:30 p.m. That hearing will be in City Council Chambers at 11707 E Sprague Ave. #106, Spokane Valley, Washington 99206. Please contact me with your questions or comments. Tom Scholtens, C.B.O. Spokane Valley Building Official 11707 E Sprague Ave.#106 Spokane Valley, Washington 99206 509.688.0024 City of Spokane Valley DETERMINATION OF NONSIGNIFICANCE Description of proposal: Adopt inq an ordinance of the City of Spokane Valley,Spokane County, Washington,providing for regulation of grading and describing violations and penalties,herein referred to as"Spokane Valley Grading Ordinance" Proponent: City of Spokane Valley Building Division Location of proposal, including street address, if any: This action pertains to new policy development to be applicable city wide and is therefore considered a non-project action under RCW 43.21C. Lead agency: City of Spokane Valley Community Development Department The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. [X] There is no comment period for this DNS. [ ] This DNS is issued after using the optional DNS process in section 197-11-355 WAC. There is no further comment period on the DNS. [ ] This DNS is issued under 197-11-340(2);the lead agency will not act on this proposal for 14 calendar days from the date below. Responsible official: Marina Sukup,AICP Position/title: Director of Community Development Phone:(509)921-1000 Address: 11707 East Sprague Avenue,Suite 106;Spokane Valley,WA 99206 Date Signature You may appeal this determination to(name) Marina Sukup At City Hall located at 11707 East Sprague Avenue,Suite 106 Spokane Valley,WA No later than March 17,2004,5:00 p.m. By Written Statement of Appeal You should make specific factual objections. Contact Greg McCormick,AICD to read or ask about the procedures for SEPA appeals. Distribution List: 1. WA State Department of Ecology (Olympia) 2. Spokane County Department of Public Works,Gerry Gemmill 3. Spokane Regional Health District;Steve Holderby 4. Spokane County Division of Building and Code Enforcement,Jeff Forry 5. Washington State Department of Transportation;Mark Rohwer 6. Spokane County Fire Protection District No.1 7. Spokane County Fire Protection District No.8 8. City Of Spokane,John Mercer 9. City of Liberty Lake,Doug Smith 10. City of Millwood,Heather Cannon 11. Central Valley School District,Dave Jackman 12. East Valley School District,12325 E.Grace 13. West Valley School District,Dave Smith EMAIL RECEIVED BY MARINA SUKUP ON MARCH 29,2004 REGARDING SHORT PLAT APPLICATION: SHP-21-03 Ms. Sukup, I got your name from Scott Kuhta and I am trying to find out about the development of lots when using a private drive in stead of a culdesac or paved road.This short plat that has been applied for is trying to put 2 homes in the back of an existing house.If this process is to continue is there any way to make sure that the driveway is paved and a privacy fence required around the property so that the neighboring lots can maintain some kind of privacy.This house is in the middle of the street not on a corner or being a lot that has access to the street frontage so that they will have garbage pick up available without having to bring it out to the front lot.Our other concerns are addresses for emergency services,it will be confusing enough when houses don't have there house numbers posted so that they can be seen by EMS services.We were told last fall when they put our sewer in that the road surface cannot be cut into for 5years.They are going to have to bring in gas and an extra sewer stub for the third house.I know that talking with Scott that the Spokane Valley is trying to come up with standards that will protect our future and allow growth in a manner that will maintain property values and I hope that there is a way to allow growth on vacant lots and corner lots as urban infil but when it comes to these lots in the middle of a street that a culdesac or thru road should be required.Any help in this manner would be greatly appreciated. Thank you Tim Walters Tbird7690@aol.com or 509-891-7469 71 C © El Ci ..r^ T T.E5- r2_ City of Spokane Valley Excavation and Grading Ordinance MINIIIIIIIMIIIIMMIINIMII • Excavation and Grading Ordinances are created to help safeguard a community. - Regulate excavation, fill and embankments. - Regulations apply on both public and private property. - Ordinance provides exceptions to permit requirements for minor work. City of Spokane Valley Excavation and Grading Ordinance • Currently we have no regulation of Grading or Excavation activities outside of Building Permit execution . • Adoption of the Appendix Chapter was not incorporated into any Spokane Valley Ordinance. • The International Codes do not offer a complete Grading Code Appendix Chapter. City of Spokane Valley Excavation and Grading Ordinance • In the past Uniform Building Codes Appendix Chapters 70 and 33 were used . - Over the years those chapters were slowly changed until they were eroded. - Referenced testing standards were antiquated. - Over time the definitions and sections of the chapters were changed without specific direction, creating confusion. City of Spokane Valley Excavation and Grading Ordinance • Proposed ordinance has input from many people. • Collaboration with private industry to refine code. • Senior Engineer John Hohman reviewed this proposed ordinance for City of Spokane Valley compliance. City of Spokane Valley Excavation and Grading Ordinance GIMIIIMIIIMINIIIIIMIMIIMI • Proposed ordinance is compatible with other state and city regulations. - Complies with the Washington State Environmental Policy Act (SEPA) - Works with our proposed Storm Water Ordinance. - Is compatible with our Floodplain Ordinance. - Spokane Valley Fee Resolution contains Grading Fees. City of Spokane Valley Excavation and Grading Ordinance • The proposed ordinance has been submitted to other interested parties for comment. - CTED is reviewing the ordinance concurrently. - AIA, SEAW, ASCE, AIA, WDOT, SHBA & AGC as well as surrounding cities and other jurisdictions have all been notified of this pending action. - Public Hearing is scheduled for the 8 April 2004 Spokane Valley Planning Commission. City of Spokane Valley Excavation and Grading Ordinance • High Points of proposed ordinance: - Defines and details when a licensed engineer is required to prepare plans. - Clearly establishes the Grading Permit Requirements. - Establishes the procedure to complete grading activity and close a permit. - Response to Violations of the Grading Ordinance are detailed. City of Spokane Valley Excavation and Grading Ordinance • Questions? rage i ul z. Tom Scholtens From: Twiss, George [GTWISS@DOL.WA.GOV] Sent: Tuesday, April 06, 2004 10:41 AM To: Tom Scholtens Subject: RE: Grading Ordinance Mr. Scholtens: I was recently provided a copy of the proposed ordinance for grading for Spokane County. As Administrator for the Board of Registration for Professional Engineers and Land Surveyors for the State of Washington, I thought I would offer some observations that would help clarify certain information. Thanks for considering these items. First,Under Washington law, chapter 18.43 RCW, individuals are licensed as "Professional Engineers" and qualified in a branch(such as civil). There is no branch of practice recognized as Geotechnical Engineer or Soils Engineer. These terms are commonly used and can be understood in the context you include in the ordinance. However, since your first definition of"Civil Engineer" generally encompasses these two subcategories, I suggest the following change definitions, Section 9.05.06: PROFESSIONAL ENGINEER, as used in this ordinance, is an engineer licensed in Washington under Chapter 18.43 RCW,who is qualified by examination and/or experience to practice in the fields of civil engineering, geotechnical engineering and/or soils engineering. [In all instances where you refer to those specialties,you could now refer only to Professional Engineer since your definition covers the breadth of the ordinance.] [Your definitions for civil engineering, geotechnical engineering and soils engineering would then further clarify how this profession in incorporated into your ordinance requirements. Second, Section 9.05.08 Engineered Grading Requirements. [The second sentence of the lead paragraph makes reference to "a design professional licensed". Since your ordinance appears to hold that only a professional engineer or professional geologists can perform this work, it would be better to take out that generic reference and make it clear that PEs and Geologist can do this work. Unless, of course,you intended to allow others such as Architects or Landscape Architects. If that was your intention I would urge you to reevaluate that position since soils investigations and assessments are not within their scopes of practice.] Also,keep in mind that development of a contour map as set forth in subsection 2(b) and(c) also falls under the scope of practice of land surveying as well as engineers and geologists. Third, Section 9.05.17 Grading Inspection Subsection 2 could be clarified by revising: Professional inspection. Professional observation and testing to determine conformance with project plans and specification of grading operation shall be under the direct supervision of the professional engineer and/or professional geologists retained to provide such services in accordance with Section 6.4 for engineered grading and as required by the building official for regular grading. Subsections 3 &4 could be combined by revising: Professional engineer. The professional engineer 4/6/2004 1 asG z.Vi.G shall provide professional observation and testing to determine conformance with project plans and specifications within such engineer's area of competence, which shall include observation and review during preparation of the natural ground, site grading,placement of fill,testing for compaction as well as establishment of line, grade and surface drainage of the development area. If actual work will differ from approved plans and reports and revised plans are required during the course of the work,they shall be prepared under the direct supervision of the professional engineer and submitted to the Building Official for review and approval prior to any revised work commencing. Fourth, Section 9.05.18 Completion of Work Subsection(1)Final Reports could be revised: Upon completion of the rough grading work and at the fmal completion of the work,the professional engineer in direct supervision for engineered grading or when professional observation and testing to determine conformance with project plans and specification is performed for regular grading, as applicable, shall submit record plans and a fmal report. I would be glad to discuss any of these suggestion with you to provide a more extensive rationale than above. This is a copy of the ordinance scheduled for public hearing at 6:30 April 8. If you or anyone else would care to comment on that ordinance, there will be a time to comment in front of the Spokane Valley Planning Commission this Thursday. Thanks for looking at this. Tom Scholtens Spokane Valley Building Official This e-mail and any attachments may contain confidential and privileged information. If you are not the intended recipient,please notify the sender immediately by return e-mail, delete this e-mail and destroy any copies.Any dissemination or use of this information by a person other than the intended recipient is unauthorized and may be illegal. 4/6/2004 Page 1 of 1 Marina Sukup From: TBird7690@aol.com Sent: Monday, March 29, 2004 11:51 AM To: Marina Sukup Subject: Short Plat SHP 21-03 Ms. Sukup, I got your name from Scott Kuhta and I am trying to find out about the development of lots when using a private drive in stead of a culdesac or paved road. This short plat that has been applied for is trying to put 2 homes in the back of an existing house. If this process is to continue is there any way to make sure that the driveway is paved and a privacy fence required around the property so that the neighboring lots can maintain some kind of privacy. This house is in the middle of the street not on a corner or being a lot that has access to the street frontage so that they will have garbage pick up available without having to bring it out to the front lot. Our other concerns are addresses for emergency services, it will be confusing enough when houses don't have there house numbers posted so that they can be seen by EMS services. We were told last fall when they put our sewer in that the road surface cannot be cut into for 5years. They are going to have to bring in gas and an extra sewer stub for the third house. I know that talking with Scott that the Spokane Valley is trying to come up with standards that will protect our future and allow growth in a manner that will maintain property values and I hope that there is a way to allow growth on vacant lots and corner lots as urban infil but when it comes to these lots in the middle of a street that a culdesac or thru road should be required. Any help in this manner would be greatly appreciated. Thank you Tim Walters Tbird7690@aol.com or 509-891-7469 3/29/2004 CITY OF SPOKANE VALLEY Request for Commission Action Meeting Date: April 8, 2004 Item: Check all that apply: ❑consent El old business ❑ new business El public hearing ® information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Draft Natural Environment Chapter—Spokane Valley Comprehensive Plan GOVERNING LEGISLATION: 36.70A- RCW PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: The City of Spokane Valley is preparing a Comprehensive Plan consistent with the requirements of the Growth Management Act (GMA) GMA requires 7 elements including land use, transportation, housing, utilities, capital facilities, economic development and parks and recreation be included in the Plan. GMA does not require a Natural Environment Chapter. GMA encourages inclusion of a chapter on the natural environment as an optional element. The City has elected to include this chapter in the comprehensive plan. The attached draft provides the framework and the beginnings of a policy discussion related to the community's natural environment. A major component of this chapter that is not included is related to the city's shorelines. The City is currently working in conjunction with Spokane County staff to update the Shoreline Master Program (SMP) for the City and County. A 1995 amendment to GMA requires a jurisdiction's SMP policies to be incorporated into the comprehensive plan and the SMP regulations be incorporated into the jurisdiction's development regulations. The timing of the SMP update process may require the City to include the existing SMP policies in the draft comprehensive plan and update the shorelines section upon completion of the SMP update. OPTIONS: Recommend that a Natural Environment Chapter not be included in the Plan. RECOMMENDED ACTION OR MOTION: Review and comment. BUDGET/FINANCIAL IMPACTS: Not Applicable. STAFF CONTACTS: Greg McCormick, AICP— Long Range Planning Manager Scott Kuhta, AICP—Long Range Planner ATTACHMENTS Draft Natural Environment Chapter CHAPTER 8 - NATURAL ENVIRONMENT 8.0 Introduction The Natural Environment Element combines several environmentally related topics,including critical areas(wetlands,aquifer recharge areas,fish and wildlife habitat areas,frequently flooded areas and geologically hazardous areas),as well as surface water quality and quantity,shorelines, and air quality. The diversity of the Spokane region's natural environment is Photograph 1 -Spokane Valley from Arbor Crest illustrated by ecosystems that range from sub-alpine forests to semi- desert scablands.This diversity ; supports a broad spectrum of � -- .• �'° ` — = wildlife,from the moose of Mt. }r ,ate.- :".1"1` 41 -� Spokane to the Western Painted ''' ' a w� Turtles of Granite Lake. Lakes, ' .,. '� � -v im • rivers and wetland areas provide linkages and corridors for wildlife. " Specifically,Spokane Valleys 4o., natural environment includes the �2 • 4,.. . Spokane Valley/Rathdrum Prairie 2. AN Aquifer,which is one of the most productive aquifers in the United States. Spokane Valley has attracted desirable businesses in recent years because of the natural environment that contributes to a high quality of life. Protecting and enhancing this unique natural environment is the purpose of this Chapter. By ensuring the availability of clean air and water and preserving critical areas and natural features, Spokane Valley will continue to be an inviting community. 8.1 Planning Context The Growth Management Act(GMA)defines critical areas as wetlands,aquifer recharge areas, fish and wildlife habitat,frequently flooded areas,and geologically hazardous areas. Statewide Planning Goal 10,(RCW 36.70A.020)states: "Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water." Pursuant to the GMA the City adopted Spokane County's Critical Areas Ordinance as an interim measure to regulate development in and near environmentally sensitive areas.These regulations will be reviewed in conjunction with the development of the City's implementation of the SVCP and amended as appropriate. The City refers to"critical areas"as"sensitive areas"in its ordinances and the two terms are used interchangeably in the Spokane Valley Comprehensive Plan(SVCP). Development of this chapter is based on the same premise adopted in the Spokane County Countywide Planning Policies(CWPPs)pertaining to the Natural Environment.Policy Topic 3, Policy 5 states: "All jurisdictions shall coordinate plans which classify, designate and protect natural resource lands and critical areas." 8.2 Critical Areas Jurisdictions are required to protect critical areas through the adoption of policies and regulations. Critical areas include: (a)wetlands;(b)areas with a critical recharging effect on aquifers used for domestic purposes;(c)fish and wildlife habitat conservation areas;(d)frequently flooded areas; and(e)geologically hazardous areas. Spokane Valley recognizes the importance of protecting the functions of critical areas. Preservation of these areas helps to maintain the high quality of life that is enjoyed by the residents of Spokane Valley. These natural systems play valuable roles in storm water disposal, flood prevention,water quality preservation,as well as providing recreational opportunities. Protection of critical areas makes economic sense,since the alternative is expensive engineered systems for protection from floods and geological hazards and for purification of drinking water. Overall Critical Areas Priorities NEP-1 Spokane Valley will encourage management of critical areas in such a way that includes education,rehabilitation,preservation,protection,enhancement,mitigation and incentives for protection. NEP-2 Spokane Valley will review and update its Critical Areas goals,policies and regulations every five years. NEP-3 Spokane Valley will actively seek individuals or local groups to assist in identifying and protecting critical areas. NEP-4 Regulations developed by Spokane Valley will not result in or constitute a taking of private property and shall be evaluated as provided for in RCW 36.70A.370. Regulations to protect the natural environment shall contain variance provisions including criteria for granting variances and recognize nonconforming rights for existing land uses and activities. NEP-5 Consider multiple uses of open space and wildlife corridors such as utility corridors or open space when conflicts do not exist or can be mitigated. NEP-6 Best available science(BAS)will be used in the designation and protection of critical areas. 8.2.1 Wetlands There are limited wetlands in the City(see Map NE-1);however each plays a valuable role in the hydrological system. Wetland types include marshes,bogs,ponds,forested,and scrub-shrub wetlands.By storing floodwaters,wetlands reduce flooding and down stream erosion;trap and absorb sediments;and help protect water quality.Furthermore,wetlands discharge water to aquifers and streams and help serve to replenish groundwater and maintain base flows of surface water systems. Priorities NEP-7 Protect and enhance wetlands so that they may perform their natural functions and maintain their beneficial value. NEP-8 Ensure"no net loss"of wetland function as a result of land use activities and establish a long-term goal of measurable gain of wetlands function and value. Implementation Strategies NEI-1 Develop additional incentives to limit wetlands access and use. NEI-2 Maintain a wetland management program that includes identification and inventory of all wetlands and a classification system. Monitor achievement of"no net loss"of functions and values goal. NEI-3 Mitigation of the adverse impact of new development may include enhancement or rehabilitation of previously degraded wetlands and creation of new wetlands. Expansion of nonconforming uses in wetlands and their buffer areas should be allowed only if significant impacts are mitigated. NEI-4 Land use decisions and land use activities should be consistent with existing wetlands regulation. New regulations should provide clarification as to appropriate land use activities within a wetland and its buffer area. NEI-5 Proposals for wetland restoration,creation or enhancement shall include consultation with the appropriate agencies to ensure adequate design and consistency with other applicable regulations. NEI-6 Land use regulations/decisions should consider density transfers,transfer of development rights,bonus density,natural wetland preserves,wetland banking or other mechanisms to retain wetlands whenever possible. NEI-7 Encourage public and private groups to consider protection and/or acquisition of wetlands and their buffer areas. NEI-8 Encourage the preservation of wetlands associated with wildlife habitat corridors. 8.2.2 Aquifer Recharge Areas and Groundwater Critical Areas required to be identified and protected by the City of Spokane , "4,4 f • Valley include aquifer •, recharge areas. The r` 6 Spokane Valley/Rathdrum 14► :_ �v ➢' Prairie Aquifer supplies xV A� � potable water to most of the 1 - residents of Spokane �' �, County. The Aquifer and associated recharge areas underlies the entire City of s • Spokane Valley(see Map NE-2). The Aquifer begins Figure 1 - Spokane Valley/Rathdrum Prairie Aquifer in northern Idaho between Spirit Lake and the south end of Lake Pend Oreille. The Aquifer flows south and west under Spokane Valley and downtown Spokane. The Aquifer then turns north and discharges into the Little Spokane River. The Aquifer deposits range from 150 feet to more than 600 feet deep. Due to concerns regarding the maintenance of water quality of the Aquifer,the Environmental Protection Agency(EPA)designated the Spokane Valley/Rathdrum Prairie Aquifer a"Sole Source Aquifer"in 1978. The Aquifer was only the second in the nation to receive such a designation. Although the Aquifer provides high quality drinking water,it is highly susceptible to contamination due to the underlying geology of the area. The underlying geology of the area consists of sandy,gravelly glacial outwash that allows surface water to infiltrate rapidly. Since 1977,50 monitoring wells in Washington and 28 wells in Idaho have been installed to monitor the impacts of land surface activities over the Aquifer. Monitoring indicates that contaminants have reached the Aquifer;however,the Aquifer water quality remains very good. The priorities and implementation strategies in this section are intended to protect the Aquifer and to address issues critical to aquifer recharge areas: Priorities NEP-9 Prevent water quality degradation of the Spokane Valley/Rathdrum Prairie Aquifer. NEP-10 Protect groundwater quality from adverse development impacts. Implementation Strategies NEI-9 Participate in cooperative surface and groundwater management efforts with other jurisdictions in the region including Spokane County,City of Spokane and City of Liberty Lake. NEI-10 Retain floodplains and associated wetlands in as natural a condition as possible due to their ability to reduce flooding,improve both surface and ground water quality, and provide valuable habitat. 8.2.3 Fish and Wildlife Habitat Areas Fishing,hunting and simply watching wildlife are valued recreational activities that contribute to the local economy and quality of life. Preservation of fish and wildlife habitat is key to the continued existence of many native species. Fish and wildlife habitat areas(see Map NE-3 for locations)are considered critical areas and are necessary for either native animal species,or seasonal migratory animal species. Habitat conservation areas may include areas of species richness,breeding habitat,winter range,and migration corridors.These include habitats that are of limited availability or high vulnerability to alteration,such as cliffs,talus,and wetlands. Urban landscaping,parks,and open spaces supplement natural areas in providing habitat for a wide variety of wildlife.The loss of natural wildlife habitat to urban development can be partially offset by landscaping that includes a variety of native plants that provide food and shelter for wildlife. Priorities NEP-11 Preserve,protect,and enhance fish and wildlife habitat. NEP-12 Priority species do not become imperiled due to land use changes, habitat alteration and other human activities. Implementation Strategies NEI-11 Utilize best available science in managing wildlife habitat. NEI-12 Preserve and enhance native vegetation in riparian habitats. NEI-13 Encourage the use of native plants in residential and nonresidential landscaping. NEI-14 Protect wildlife corridors in publicly owned open space where appropriate. These areas should use native plants that support native species of birds and animals where appropriate. NEI-15 Encourage informational and educational programs and activities dealing with the protection of wildlife.An example of such a program is the Backyard Wildlife Sanctuary program established by the state's Department of Fish and Wildlife. NEI-16 Land use regulations and decisions will consider density transfers,bonus density, nature area preservation or other innovative mechanisms to retain fish and wildlife habitat areas whenever possible. NEI-17 Development proposals and their design shall consider the retention and maintenance of critical fish and wildlife habitat areas and shall provide buffers to protect corridors and water habitats. NEI-18 Coordinate with Washington State Department of Fish and Wildlife in planning and management of fish and wildlife habitat resources. 8.2.4 Frequently Flooded Areas Frequently flooded areas are lands in the floodplain subject to a 1-percent or greater chance of flooding in any given year. These areas include,but are not limited to,streams,rivers, lakes,sink areas,major natural drainageways and wetlands. Frequently flooded areas are natural physical features of a watershed that play an important role in stormwater storage and disposal. Maintenance of the natural function of these areas protects property and reduces the need to construct flood control facilities. These areas are identified by the Federal Emergency Management Agency(FEMA)as the 100-year floodplain and are delineated on Map NE-4. Priorities NEP-13 Identify watershed characteristics that affect frequently flooded areas. NEP-14 Manage frequently flooded areas to enhance environmental quality and to minimize the risks to life and property. Implementation Strategies NEI-19 Frequently flooded areas,marshes,floodplains and floodways should be used as rangeland,forest,wildlife habitat,open space,recreation and other appropriate uses. NEI-20 Maintain,protect or restore natural drainage systems to protect water and environmental quality. NEI-21 Use bioengineering techniques,where possible,rather than hard engineering structures to stabilize the floodway. NEI-22 Development should not occur on lands identified as being within a 100-year floodplain or as having a history of flooding without mitigation. 8.2.5 Geologically Hazardous Areas Geologically hazardous areas are areas that because of their susceptibility to erosion,sliding, earthquake or other geological events are not suited for development. Map NE-5 indicates the location of geologically hazardous areas within and adjacent to Spokane Valley. Priorities NEP-15 Development should be discouraged in geologically hazardous areas unless it can be demonstrated that a hazard area can be developed consistent with public health and safety. Development permits should be conditioned to mitigate certain hazards. NEP-16 Geologically hazardous areas may be used as open space for recreation,rangeland,forest,wildlife habitat and other uses as appropriate. Implementation Strategies NEI-23 Limit clearing and grading activities in geologically hazardous areas to the extent possible. NEI-24 Development proposals within geologically hazardous areas should include an erosion control plan and/or stabilization plan prior to receiving approval. NEI-25 Land use regulations and decisions should consider density transfers,bonus density,nature belt preservation or other innovative mechanisms to retain geologically hazardous areas in a natural state whenever possible. Photograph 2-Spokane River 8.3 Surface Water ►r Water quality and quantity 1, ` ,. j . ' influences the domestic,: * `` J economic,recreational and natural environments of Spokane Valley. •" ` t - ' 14.'"' Historically,clean water has been _ -- - taken for granted. As growth and development have increased,so a„� have problems associated with • maintaining water quality and — . - °' quantity. Industry,commercial,business,agriculture and residential development all contribute to reduced water quality and quantity. From this perspective,a comprehensive approach must be taken to ensure future water quality and quantity. Spokane Valley has a limited number of surface water bodies,the major water bodies being the Spokane River and Shelley Lake. The Spokane River is included in the State's"303d"inventory as having impaired water quality. The use of the Spokane River as a receiving water for sewage effluent discharges and storm runoff makes it an important resource for waste assimilation. This function must,however,be balanced with the river's economic,recreation,wildlife habitat and aesthetic values. There is evidence that pumping from the Spokane Valley/Rathdrum Prairie Aquifer reduces the flow in the river. 8.3.1 Stormwater The increased impervious area resulting from development changes the amount and Photograph 3-Shelley Lake the quality of runoff water. If left unmanaged,discharges of stormwater can cause flooding and water quality degradation,especially in already impaired water bodies. Increased impervious areas • may also adversely impact groundwater recharge. Long-term solutions to stormwater problems will require creative problem-solving on a case-by-case basis. In areas where development has already occurred,much of the natural stormwater system may be altered so that it no longer functions effectively. In areas where wetlands have been filled and natural drainageways altered,substantial investment in stormwater collection and disposal systems will be required. In newly developing areas where stormwater disposal has not yet become a problem,it is important to preserve the natural system of wetlands and drainageways to prevent problems from occurring as a result of future development. Priorities NEP-13 Assure continued provision of both adequate quantity and quality of surface water for Spokane Valley. NEP-14 Encourage land uses that are consistent with long- term protection of surface water quality and quantity in Spokane Valley. NEP-15 Work with Spokane County,States of Washington and Idaho and neighboring cities to restore water quality of the Spokane River. Implementation Strategies NEI-27 Impacts of a proposal upon surface water quality shall be considered before development is approved. Denying or conditioning proposals may be necessary to protect water quality. NEI-28 Where increased storm water runoff potential exists due to a proposed development,runoff management procedures should be required. NEI-29 Require biofiltration treatment of stormwater using native plants prior to release to the natural surface or groundwater water system. NEI-30 Implement standards that adequately control erosion and sedimentation from development sites. Special emphasis should be placed on erosion,sedimentation and stormwater control from all roads,which may affect surface waters. NEI-31 Erosion and sedimentation control shall be required for new construction and development projects. 8.4 Shorelines Shorelines are among the most Photograph 4-Shelley Lake's south shoreline valuable and fragile of environments. The purpose of ' sa „• %' these goals and policies is to manage the use of the shorelines so that their protection, f, preservation and restoration are - ?� ; ,� assured. The intent is to foster reasonable and appropriate use of the shorelines protecting their natural character,preserving the ecology and resources,increasing public access and increasing 4.recreational opportunities for the public. Map NE-6 indicates shorelines within Spokane Valley and their designations. Bodies of water with a mean annual flow of greater than 20 cubic feet per second(in the case of flowing water)or an area greater than 20 acres(in the case of standing water)are considered Shorelines of the State and are subject to the Shoreline Management Act(SMA). The SMA area of jurisdiction is the body of water together with an adjacent strip of land 200 feet wide,measured landward from the ordinary high watermark. Priorities Insert from SMP Implementation Strategies Insert from SMP 8.5 Air Quality Air pollution levels in Washington State are within one percent of violating federal standards for smog(ozone),three percent for carbon monoxide and seven percent for fine particles. However, as the following figures indicate the Spokane area, including Spokane Valley are non-attainment areas for both carbon monoxide and particulate matter.(Source: Washington State Department of Ecology 2000—2002 Air Quality Trends Report) Human activities, including automobile use,wood stove use, Figure 2-Air Pollution Sources industrial and agricultural NrPclLf.'_n so—_:1,'s nrtxr operations generate airborne ISignin.- substances that can affect air quality. In addition,the entire %taut VetnClc. region has been affected substantially by windblown dust from the entire central portion of ` r 1 the State. t-4,M, C Y Cn.,�cn. The Spokane Valley is also a - _: .Im:r natural basin in which air pollution IX is trapped and concentrated by an . occasional temperature inversion(a '—"—""' situation in which lighter warm air overlies heavier cool air). A variety of air pollution control strategies have been employed in across the region. The Figure 3 strategies include auto emission inspections, Washington State Moir tenancelNonatrainlnent Areas restrictions on open burning,wood stove /or Carton Monoxide 1CO) certification and restriction on wood stove use lL _ — when pollution levels are high,oxygenated 1 = 1;;=; - - }` ,,-\ fuels for cars,road paving,use of chemical t►' deicers as an alternative to road sanding and ,i. L `'� ;— �' others. These measures combined with j',- ' -- r cleaner-burning cars have significantly -""- "" I r-, _t �; improved the region's air quality. However, „� � r_,^.✓'" traffic volumes continue to increase which V•a,,•-;,•,,;-',.r "' could lead to degradation of air quality in the future. Air quality is intricately related to land use and transportation. The challenge presented to the region is to balance land use,transportation and air quality in such a way that the community can continue to grow and Figure 4 prosper without compromising quality of Washington stale Ma.cnenaaeM43onastalran rt 1\ta3a lo,Fa,lculat=a life. l Priorities ` � �_�t`f" : - imu r''.--17"44k7± -3.\----r ' -- NEP-XX Promote the ',4` _``, physical,economic and social �` ' ter , development of Spokane Valley �> ter. �? that is consistent with % = • maintaining and enhancing air quality and visibility. Implementation Strategies NEI-XX Work regionally and locally to establish a variety of transportation systems as alternatives to the single occupancy vehicle such as dispersed employment opportunities,flexible working hours,tele-commute, light rail,other transit,car and van pooling,ridesharing,bicycling and walking paths. NEI-XX Encourage the development and expansion of high-density urban centers that facilitate alternative transportation modes to reduce traffic congestion. NEI-XX Support regional efforts to improve air quality. NEI-XX Promote public education to increase the level of responsibility for air quality. CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: April 8, 2004 Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: STUDY SESSION —Street Vacation Request (STV)-01-04 PREVIOUS COMMISSION/COUNCIL ACTION TAKEN: None BACKGROUND: RCW 35.79 (Street Vacations) specifies statutory procedures for the processing of street vacation requests by local jurisdictions. On January 20, 2004, the Spokane Valley City Council passed Ordinance 04-002 containing the City's street vacation policies and procedures. This ordinance specifies that the Planning Commission shall hold the required public hearing and shall forward a recommendation to the City Council on the street vacation request for its consideration. STV-01-04 is a request by Kurt and Mandee Vigessa, 1420 South Bettman Road (Parcel No. 35243.1041) and Gene and Lana Balch, 1506 South Bettman Road (Parcel No. 35243.1014) to vacate a portion of the 15th Avenue public right-of-way abutting said parcels — the Vigessa parcel abuts the 15th Avenue public right-of-way on the north and the Balch parcel abuts it on the south. The portion of 15th Avenue requested for vacation measures 60 feet wide by 192.5 long for a total area of 11,550 square feet. This street vacation request was originally submitted to Spokane County in December 2002, prior to the City's incorporation, and was transferred by Spokane County to the City of Spokane Valley at time of incorporation on March 31, 2003. The request was placed on hold pending the City's development of street vacation policies and procedures. Staff from the City's Community Development Department and Public Works Department will present information on the proposed street vacation request at the April 8, 2004 study session. RECOMMENDATION: Staff's presentation on STV-01-04 is in a study session format only and is intended to be the Commission's "first touch" on the request. The required public hearing is tentatively scheduled for May 13, 2004. Staff request that the Planning Commission identify any questions or concerns during the April 8, 2004 study session for staff to research and report back on prior to or on May 13tH STAFF CONTACT: Kevin Snyder, AICP, Current Planning Manager ATTACHMENTS: Attachment A: Staff Presentation Attachment B: Ordinance No. 04-002 ATTACHMENT A S okane .valley PLANNING COMMISSION STUDY SESSION STREET VACATION REQUEST: STV-01-04 April 8,2004 Purpose: • Brief the Planning Commission on the Street Vacation Request(STV-01-04)prior to the May 6, 2004 scheduled public hearing • Identify Planning Commissions questions or concerns for staff to research and report on at the scheduled public hearing Background: • RCW 35.79(Street Vacations):State requirements for City's processing of street vacations • RCW 35.79.050:Property to be vacated shall belong to the abutting property owners,one-half to each • Ordinance 04-002: • Requires public hearing before Planning Commission • Planning Commission makes recommendation to City Council • City Council considers Planning Commission's recommendation—if accepted an ordinance is prepared for Council approval • Zoning of properties adjoining vacated street extended to center of vacation 1 Background (continued): 5 Criteria for Planning Commission&City Council evaluation of Street Vacation requests: • Whether a change of use or vacation of the street or alley will better serve the public; • Whether the street or alley is no longer required for public use or public access; • Whether the substitution of a new and different public way would be more useful to the public; • Whether conditions may so change in the future as to provide a greater use or need than presently exists;and • 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. Application Information: • Applicants:Kurt and Mandee Vigessa,1420 S.Bettman Rd.& Gene and Lana Balch,1506 S. Bettman Rd. — • Original request to Spokane i:`; • • County in 12102.Transferred to � c. City upon incorporation-put 5� r on hold until City regulations - developed I a .'�i a F • Parcel Nos.35243.1041& -- a 35243.1014 {{ • West of Bettman Road&NW of 16'Avenue/Bettman Roadyc1- intersection {� • SW 1/4 of Section 24,Township 5� 25 North,Range 43 East,W.M. ---Bettman's Addition Surrounding Uses: North: Single-Family ;« r Residences .4� South: Water Tank; � r r�24t Single-Family ▪ , ` ' Afew t Residences • ' , ., East Bettman Road; a Vacant Land; ' , . Single-Family t Residences West Single-Family �r r ' Residences 2 Comprehensive Plan: Existing: Low Density '"'''''''" Residential(LDR) — '-:..- ..VI-.,1 Implementing Zoning -'11- 1FH:S7 Designations: UR-3.5& 1 -7 .11:-_.: UR-7 _ — ----- — I North: Low Density Residential South: Low Density Residential -1I-4 . , 7 East: Low Density 727-1(,:-- . Q. Residential 4'-' ''--,--_ :-, West: Low Density Residential Zoning: Existing Abutting Properties:Urban Residential-3.5(UR-3.5) North: UR-3.5 South: UR 35 - East: UR-3.5 7 --_4_ro-i- ..-,,.,.,-..z.,:.--,--.1i ., ....--.. West: UR-35 ----—— •v., IV'"'Al,'",::to-.4 ‘,. VIGESSA '' 2- ''P„f.• ..kt4 ,-, •7161.3 ...;e:-p-.-111, 32Z.:.,:p , .:Z2 "1' e.. ' ' F-;/ ".,,.,I"---.7.-"-----7"1"-° i,P , - .‘''. •....,:oye 1 t st., . 777.1 _cr.,' , 4!. - -,, -'-. ".....r. , . ..ic --• ,-..-- R-0-W - ... .... ..›, ..,,,,,,,r....-,.....— (unimprove) BALCH BETTMAN ROAD N 111,- 3 Next Steps: • Resolution No. 04-008 (Setting of Public Hearing Date):City Council on 04/06/04 • Public Hearing Date:05/13/04 • Minimum 20-Days Public Notice: • Legal Notice in Spokane Valley Herald:04/16/04 • Notice of Public Hearing Sign Posting:04/16/04 • Mailed Notices of Public Hearing to Petitioners/Abutting Property Owners:04/16/04 • Staff Report Issuance:05/06/04 4 ATTACHMENT B CITY OF SPOKANE VALLEY, WASHINGTON ORDINANCE NO. 04-002 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,WASHINGTON,PROVIDING REGULATIONS FOR THE VACATION OF STREET RIGHTS-OF-WAY. WHEREAS,RCW 35A.47.020 provides statutory authority for cities to vacate public rights-of-way; WHEREAS, RCW 35.79 provides a general procedural framework for cities to vacate public rights-of- way; and WHEREAS,the City would like to have an ordinance that provides specific guidance to its citizens on the procedural requirements for vacating public rights-of-way. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON DOES ORDAIN AS FOLLOWS: SECTION 1 — Purpose and intent. The purpose of this chapter is to establish procedures, notice requirements and fees for the vacation of streets and alleys within the city. This chapter is intended to implement the authority granted to the city by Chapter 35.79 RCW and RCW 35A.47.020 and to conform to their provisions. In case of conflict between this chapter and those statutes, the provisions this Ordinance shall be controlling. SECTION 2—Initiation of Vacation. The owners of an interest in any real property abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the City Council. In the alternative, the City Council may itself initiate a vacation by resolution. The petition or resolution shall be filed with the City Clerk. SECTION 3 — Petition for Vacation. The petition shall be in a form prescribed by the Community Development Director(hereinafter referred to as"the Director"or his or her designee) and shall be signed by the owners of more than two-thirds of the property abutting the portion of the street or alley sought to be vacated,. The petition shall also discuss the criteria set forth in Section 11 of this Ordinance. The sufficiency of the petition shall be governed by RCW 35A.01.040. SECTION 4 —Petition fees. Every petition for the vacation of any street or alley or any part thereof, shall be accompanied by a fee in an amount established by resolution of the city to defray a portion of the administrative costs incurred in processing the petition and publishing, posting and mailing notices. The fees shall not be refunded under any circumstances. The amount of the petition fees shall be set by Resolution, and the set amount shall be stated in the City of Spokane Valley Master Fee Schedule. SECTION 5—Submittal Requirements for Petitions. Every petition shall be accompanied by: (1) an Assessor's Map from the Spokane County Assessor's Office showing with a solid red line the portion of the street or alley sought to be vacated, (2) a vicinity map showing the general area of the proposed vacation, (3) a copy of the record of survey, if available, for the subject street and alley proposed for vacation and abutting properties and streets and alleys within 100 feet on all sides of the proposed vacation; (4)written evidence of any and all easements or allowances or reservations,public or private,pertaining to the street or alley proposed for vacation; and (5) a written narrative describing the reasons for the proposed street vacation,the physical limits of the proposed street vacation and the public benefit of the proposed street vacation. Street Vacation Ordinance 04-002 Page 1 of 5 SECTION 6—Setting of Hearing. Upon receipt of the petition, the fee and all required documents, the City Clerk shall forward the petition and required documents to the Director,who shall determine whether the petition has been signed by the owners of more than two-thirds of the property abutting the part of the street or alley to be vacated. If the petition has been signed by the requisite percentage of such owners, the Director shall bring the petition before the City Council within 30 days of receipt of the petition, and the City Council shall by resolution fix the time when the petition will be heard by the City Council, or a committee of the City Council,which time shall not be more than 60 days nor less than 20 days after the adoption of the resolution. Where the City Council initiates the vacation by resolution, that resolution shall fix the time when the proposed vacation will be heard by the City Council or a committee of the City Council. SECTION 7 — Staff Report. The Director, in conjunction with the Public Works Department shall prepare a report concerning the proposed vacation. The Public Works Department shall be responsible for conducting a needs analysis of the street or alley proposed for vacation in consideration of existing and future transportation system needs and requirements. The report shall address the criteria (see Section 11)to be considered by the City Council in determining whether to vacate the street or alley, and such other information as deemed appropriate by the Director including but not limited to drainage requirements, street closure requirements such as the removal and replacement of concrete, asphalt, and placement of barriers limiting vehicle movements. In preparing the report, the Director shall solicit comments from the Police Department, the Fire Department and may solicit comments fromother governmental agencies and utility companies having jurisdiction or utilities within the boundaries of the City. The report shall be submitted to the Planning Commission and to the petitioner and his or her representative,not less than seven(7) calendar days before the hearing. SECTION 8 —Notice of Hearing. Upon the passage of the resolution fixing the time for hearing the petition or proposal for vacation,the City Clerk, or the Director, acting under direction and supervision of the City Clerk, shall give not less than 20 days' notice of the time, place and purpose of the hearing by(1) posting of a written notice in three (3) conspicuous places in the City; (2) publishing written notice once in the City's official newspaper, (2) posting a minimum twenty-four (24) inch by thirty-six (36) inch notice sign in a conspicuous place at each end of the street or alley sought to be vacated describing the proposed vacation and the date, time and location of the public heaimg; and(3) mailing written notice to all petitioners at the addresses on the petition and all owners of property abutting the street or alley proposed to be vacated, as shown on the records of the Spokane County Assessor, not to exceed ninety (90) calendar days from the date of the public hearing. The Director shall send the same written notice to the representative of the petitioners at the address on the petition. SECTION 9 — Protest. If fifty (50) percent or more of the abutting property owners file written objections to a City Council-initiated vacation with the City Clerk, prior to the time of the hearing, the city shall be prohibited from proceeding with the vacation. SECTION 10 —Planning Commission Review and Recommendation. The hearing on the petition or proposal shall be held before the Planning Commission upon the day fixed by resolution or at the time to which a hearing may be adjourned. In its consideratoin of the proposed vacation of the street or alley,the Planning Commission shall render a recommendation based on the criteria specified in Section 11.A-E. Following the hearing, the Director shall forward the Planning Commission's recommendation and the hearing minutes to the City Council at a regularly scheduled meeting. If a hearing is held before the Planning Commission, it shall not be necessary to hold a hearing before the City Council, provided that the City Council may at its discretion determine to hold a separate hearing on the proposal. Street Vacation Ordinance 04-002 Page 2 of 5 SECTION 11—City Council Decision.Following the hearing and receipt of the Planning Commission's recommendation the City Council shall determine whether to vacate the street or alley. The determination shall include,but not be limited to,consideration of the following criteria: 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 so 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. If the City Council determines to grant the vacation, the action shall be made by ordinance with such conditions or limitations as the City Council deems necessary and proper to preserve any desired public use or benefit. The ordinance may contain a provision retaining or requiring conveyance of easements for construction,repair and maintenance of existing and future utilities and services. Pursuant to RCW 35.79.040,the City Council in approving a street vacation request shall specify that the vacated portion of the street or alley shall belong to the abutting property owners, one-half to each,unless factual circumstances otherwise dictate a different division and distribution of the street or alley to be vacated. The City Council reserves the right to require compensation as a condition of approval of ordinance action, provided that such compensation shall comply with the requirements of RC W 35.79.030, and further, that any required compensation shall be paid to the City prior to the City's participaiton in required title transfer actions. SECTION 12—Vacation of Waterfront Streets. A. The city shall not vacate a street or alley if any portion of the street or alley abuts a body of water unless: 1.The vacation is sought to enable the City to acquire the property for beach or water access purposes, or launching sites, park, public view, recreation, educational purposes, or other public uses; 2.The City Council,by resolution, declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of the following purposes: beach or water access, launching sites, park, public view, recreation, or education; or 3.The vacation is sought to enable the City to implement a plan, adopted by resolution or ordinance,that provides comparable or improved public access to the same shoreline Street Vacation Ordinance 04-002 Page 3 of 5 area to which the street or alley sought to be vacated abuts,had the properties included in the plan not been vacated. B.Before adopting an ordinance vacating a street or alley under subsection (A)(2) of this section, the City Council shall: 1. Cause an inventory to be compiled of all rights-of-way within the city that abut the same body of water that is abutted by the street or alley sought to be vacated; 2. Cause a study to be conducted to determine if the street or alley to be vacated is unsuitable for use by the city for any of the following purposes: launching sites, beach or water access,park,public view recreation, or education; 3.Hold a public hearing on the proposed vacation in the manner required by Chapter 35.79 RCW and this chapter; and 4. Include in its written decision a finding that the street or alley sought to be vacated is not suitable for any other purposes listed under subsection(B)(2) of this section, and that the vacation is in the public's interest. C.Notice of the public hearing on the proposed vacation shall be provided in accordance with the notice provisions of Section 8 of this Ordinance, provided, that the City shall also post notice of the public hearing conspicuously on the street or alley sought to be vacated, which notice shall indicate that the area is a public access,that the street or alley is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to the Director indicating the objection. SECTION 13 — Application of Zoning District Designation. The zoning district designation of the properties adjoining each side of the street or alley to be vacated shall be automatically extended to the center of such vacation, and all area shall included in the vacation shall then and henceforth be subject to all regulations of the extended districts. The adopting ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. SECTION 14 -Recording of ordinance. A certified copy of the ordinance vacating a street or alley or part thereof, shall be recorded by the City Clerk in the office of the Spokane County Auditor. SECTION 15— Compliance to City Council Conditions. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. SECTION 16 — Record of Survey Required. Following the City Council's passage of the ordinance approving the proposal to vacate the street or alley, 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, shall be submitted by the proponent to the Director. Said record of survey shall contain the professional stamp and signature of the registered surveyor, shall contain signature lines for the City of Spokane Valley Community Development Director, City of Spokane Valley Public Works Director or designee, and the proponent indicating acceptance of the vacated street or alley. Said record of survey shall also specifying location, dimensions and area of all parcels of land abutting and within one hundred (100)feet on all sides of the vacated street or alley. Street Vacation Ordinance 04-002 Page 4 of 5 SECTION 17—Costs of Title Transfer to be Borne by Proponent. All direct and indirect costs of title transfer of the vacated street or alley from public to private ownership including but not limited to title company charges, copying fees, and recording fees are to be borne by the proponent. The City will not assume any financial responsibility for any direct or indirect costs for the transfer of title. SECTION 18 — 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 19 — 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. PASSED by the City Council this o'ZO day of January, 2004. q cs__d4 9.3 , Michael DeVleming,M yor ATTE • CV i ...11..... /j-s-4-- . , Christine Bainbridge, City Clerk ;"-- £££��U",Y:,; cc amec O . Vi? n,. Approved as to form: �`°• l4y-=r�{ :C4'1/4 - =i,:*11 Vi e. ... " 7--, :"... ,� cs I k4 µ c� Cary P.Dkiskell,Deputy Attorney '�-,' `' � .: c • r Date of publication: a v V -R li k..4££ Effective date: / —3 6 -69 Street Vacation Ordinance 04-002 Page 5 of 5 COMPREHENSIVE PLAN COMMUNITY MEETING SUMMARY Thursday, March 25, 2004 — 6:30 — 9:00 p.m. The first Comp Plan Community Meeting, held at Redeemer Lutheran Church,was a great success. Over 75 citizens participated in this event to help the City of Spokane Valley develop a 20-year plan for growth and development. Participants were welcomed and introduced to City officials and staff who were present. A slide show ,; , was presented to provide participants with an overview of the Comprehensive Plan process. ,- F Then each table of participants was assigned a ' "recorder" and individuals were asked to spend a 14A 4L04 few minutes writing down the top three City-Wide • and Neighborhood issues they would each address if they were "Mayor for a Day". Individuals were ' I then asked to take turns discussing each of their concerns with fellow group members until the group developed a list of three top City-Wide issues and three top Neighborhood issues to present to the larger group at the end of the22 meeting. The following City-Wide issues rose to the top of the combined list from thirteen groups: Improve the Valley's Business Climate; The majority of groups believe that there are many large buildings and business districts along Sprague Avenue which need to be repopulated and/or revitalized. One group suggested that the City encourage new business development in existing buildings before new buildings are constructed. Successful businesses need to be highlighted and nurtured. New business ventures ought to be encouraged as well. A solid business core and a growing tax base are desirable. Applewav/Sprague Couplet Progress: The majority of groups decided it would be good to extend the couplet east, as it exists,to Sullivan. One group suggested extending it all the way to Liberty Lake. Two groups wished to discontinue the couplet and change Sprague back to a two-way street. Improve Citv-Wide Transportation and Access: Citizens would like City roads to keep up with City growth. More public transit options, such as alternatives to full-size busses, and more direct routes to commuter destinations were listed as priorities. The Light Rail was mentioned as a potentially significant alternative to commuters. Of concern was public transportation accessibility for the Valley's aging population. Create a City Center: A City Center"with style"would provide a focal point for the Valley, and would help to create a desirable City identity. The majority of tables wanted to see the City build its Center in the University Area. One table envisioned the City Center on Pines and Sprague. Other City-Wide issues discussed were: public safety, wastewater I management, land use and zoning, water quality, City government accountability and solid fiscal management, ongoing local v' i communication, street improvements/maintenance, more and better _ parks, making the City more pedestrian friendly, preservation of the Centennial Trail, controlling speeding cars, animal control, enhancement of the quality of life, and tax reduction. z' The following Neighborhood issues rose to the top of the combined list from thirteen groups: Heightened Code Enforcement: Control of a positive neighborhood environment, especially heightened efforts to rid it of junk cars, solid waste, and any other dangers to Valley citizens at large,was vitally important to the majority of small groups. A Block Watch education program was also suggested. Preservation of Neighborhood Integrity: Zoning was at the forefront of this topic. Citizens want the long range land use plan and the zoning designations to be consistent with the original intent of land use in each of the Valley neighborhoods. And they would like the City to notify them if any zoning changes are made in the future. Another important aspect of this topic was keeping the smaller"neighborhoods" (e.g. Ponderosa, Opportunity, Veradale, etc.) intact and self-contained while still creating a City Center. A suggested step toward this goal would be the development of"Community Centers"in individual neighborhoods to provide centralized shopping, small business districts,a nice park and a town hall for meetings and senior activities. Improve Traffic Flow and Street Maintenance: The high school rush hour traffic is of great concern to many citizens. This needs improvement. In addition, street rodding is occurring frequently on 44th and Dishman-Mica. More consistent street maintenance is desirable. The addition of sidewalks, curbs and enhanced street lighting were mentioned as ways to make the neighborhood more pedestrian friendly. Other Neighborhood issues discussed at this meeting were: drugs and crime,public safety(police, fire, medical),requiring landscaping for new developments,the cleaning of Chester Creek every spring, limiting growth in the Ponderosa until sewer and zoning issues are resolved, consolidation of fire districts, elimination of the dump on School District property on 44th, and continued animal control. FUTURE COMP PLAN ACTIVITIES: 1) A formal telephone survey. Citizens were asked to take a few minutes to speak to the person who calls. 2) Community Meetings in April,May and June. City staff would like to hold the April and May meetings in the Carnahan Area and the area north of I-90. The June meeting will be held in Veradale on June 17th at the Spokane Valley Church of the Nazarene, 15515 E.20th Avenue. 3) The Spokane Valley Planning Commission meets twice a month on second and fourth Thursdays of the month from 6:30—9:30 in the City Council Chambers at 11707 E. Sprague. The public is welcomed to attend. 4) Please check the City's new website at www.spokanevalley.org for updated information. The Community Meeting was adjourned at 9:05 p.m.