Agenda 08/14/2003 SPOKANE VALLEY- PLANNING COMMISSION
AGENDA
Council Chambers - City Hall 11707 E. Sprague Avenue
6:30 p.m.-9:30 p.m.
* August 14, 2003 * * *
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
CV. APPROVAL OF AGENDA
V. APPROVAL OF MINUTES
• July 23, 20a3 Draft
VI. PUBLIC COMMENT
VII. COMMISSION REPORTS
VIII. ADMINISTRATIVE REPORT
XL COMMISSION BUSINESS
A. OLD BUSINESS-
1. Public Hearing Junk Vehicle Ordinance
S, NEW BUSINESS-
1. Study Session -Adult Oriented Business Regulations
2, Comprehensive Plan/Land Use Presentation
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, ACOP
David Crosby Debi Alley
VVtlliam Gothmann, Chair
Gail Kogle
Ian Robertson, Vice-Chair www,spokanevalley,orq
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PUBLIC SIGN-IN SHEET
SPOKANE VALLEY
PLANNING COMMIS ON MEETING
DATE /( D 3
SUBJECT aei.teArePLLL .i : iA41 -rr,.
ALL PERSONS WISHING TO SPEAK AT THE PUBLIC HEARING MUST SIGN IN
WITH YOUR NAME AND ADDRESS FOR THE RECORD. THERE MAY BE A TIME
LIMIT FOR YOUR COMMENTS. A COPY OF ANY WRITTEN COMMENTS
RELATING TO THE PUBLIC HEARING SUBJECT MUST BE PROVIDED TO THE
CITY CLERK
NAME ADDRESS TELEPHONE
PLEASE PRINT
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PUBLIC HEARING SIGN-IN SHEET
SPOKANE VALLEY
PLANNING COMMISSION MEETING
DATE
SUBJECT
ALL PERSONS WISHING TO SPEAK AT THE PUBLIC HEARING MUST SIGN IN
WITH YOUR NAME AND ADDRESS FOR me RECORD. THERE MAY BE A TIME
LIMIT FOR YOUR COMMENTS. A COPY OF ANY WRITTEN COMMENTS
RELATING TO THE PUBLIC HEARING SUBJECT MUST BE PROVIDED TO THE
CITY CLERK
NAME ADDRESS TELEPHONE
PLEASE PRINT
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To; The City of Spokane Valley Planning Commission
Date: Thursday, August 14, 2403
The signatures below represent residents in Rotchford Acre Tracts. We are a
neighborhood of over 100 one-acre tracts between Sullivan Road, 16th Ave and 111th Ave,
and Shamrock St.
We recently discovered that our neighborhood had been rezoned from SR-1 to CR-7,
Residential with 7 units per acre. We were told that we could build 3.5 units per acre and
that we were no longer zoned for large animals.
Rotchford Acre Tracts is an established neighborhood, over 25 years old., with a character
of its own. When we bought into this neighborhood we bought with a promise from
Government that our one-acre zoning and the ordinances that protected our lifestyle and
the character of this neighborhood would remain intact. Many of us were involved in the
Growth Management Hearings and were once again assured that the quality of life we
enjoyed would be protected.
We did not ask for change.
Let us tell you a little about our neighborhood. Historically, almost from the beginning,
we have had Neighborhood. Parades, (some exceeding 100 entrants), Neighborhood
potlucks, Block Watches, we even had a Golf Tournament through the neighborhood one
year and another year a Neighborhood Horse Show. We support National Night Out with
Block Watch Parties and have come together several times to work with Developers and
Spokane County on issues of concern to us. On a personal level, we come together to
support a neighbor in need, and we mourn together at the loss of one of our own.
Our neighborhood has enjoyed having large animals. We were designed with pathways
for riding horses and many horse barns adorn the neighborhood. Watching a new foal
mature in one of our pastures is one of the many pleasures our one acre tracts provide us.
Some of our homes have turned their acre into park like settings, with ponds and
pathways, mini parks and tel or playgrounds for children. Other neighbors have
brought interestinto our neighborhood with their
era beds, others followed u tlandnnow1k e
Highland cow. One neighbor put in raised ard
neighbors share in the harvests.
People walk this neighborhood because of its peaceful character. As many as 30 CV
High School Joggers at a time or the entire CV Band use our neighborhood because of
the low traffic volumes, as do many stroller toting moms.
We have families that are 2114 generation raising their children in the homes they grew up
in. This is a neighborhood of long-term homeowners. It is not uncommon to find
homeowners who have been here 23 and 24 years_ Because we are not a transient
neighborhood we find camaraderie many people envy.
As development around us continues to encroach on their habitat, the wildlife has found
refuge in our neighborhood. This afternoon 2 deer were drinking front the neighbor's
pond and last fall several deer made their home in one of our pastures. We have
raccoons, cottontails, quail, chipmunks, squirrels, pheasant, a variety of birds, a pair of
Red Tail Hawk and even a neighborhood moose.
If our neighborhood is segmented or fragmented by zoning changes it will degrade the
quality of life in our neighborhood. Disrupting the neighborhood also raises the crime
level. Studies for Safe Neighborhoods have shown that a neighborhood that knows itself
will have less crime, and when confronted with a problem will come together to resolve
any threat or perceived threat to it's quality of life.
We are surrounded by $200000 and $300000 homes. We feel that as one-acre tracts in
this environment, with our wildlife, lifestyle, amenities, our real estate and 1 acre tracts
are a rarity that will continue to gain value. The homes for sale in our neighborhood with
barns and pasture will surely net a lower price without the ability to utilize the barn and
pasture. To disrupt our neighborhood with additional homes, additional traffic, and a
degraded sense of community will negatively impact the resale value of our homes and
will definitely impact our quality of life.
The Countywide Planning Policies for Spokane County, which we understand the City of
Spokane Valley has adopted, states "Protection of Neighborhood Character}} "Spokane
County has well-established neighborhoods, each with its unique identity and character.
For most citizens, neighborhood character is one of the primary ingredients in their
perceived quality of life. Although growth in the region is inevitable, it is the intent of
these policies to maintain neighborhood character and prevent neighborhoods from
becoming segmented, fragmented or degraded by that growth."
We respectfully request that the City of Spokane Valley Planning Commission create a
Zone for Urban Residential One Acre Tracts. We further request that our neighborhood
be rezoned Urban Residential One Acre Tracts_
Thank you for your consideration of our concerns.
Please see attached petition:
Rotehford Acres Tracts Petition to request rezoning.
We the undersigned homeowners of Ratchford Acres Tracts, hereby request that our
1-acre tracts currently zoned UR-7, (originally zoned and platted as SR-1)be rezoned as
Urban Residential 1 acre tracts(UR-1)
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Ratchford Acres Tracts Petition to request rezoning.
We the undersigned homeowners of Ratchford Acres Tracts, hereby request that our
1-acre tracts currently zoned LTR-7, (originally zoned acid platted as SR-i) be rezoned as
Urban Residential 1 acre tracts -1)
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Rotchford Acres Tracts Petition to request rezoning_
We the undersigned homeowners of Rotchford Acres Tracts, hereby request that our
1-acre tracts currently zoned UR-7, (originally zoned and platted as SR-1)be rezoned as
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Rotchford Acres Tracts Petition to request rezoning.
We the undersigned homeowners of Ratchford Acres Tracts, hereby request that our
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Urban Residential 1 acre tracts -1)
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Urban Residential 1 acre tracts(UR-1)
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Rotehfbrd Acres Tracts Petition to request rezoning.
We the undersigned homeowners ofRotchford Acres.Tracts, hereby request that our 1-
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We the undersigned homeowners of Rotchford Acres Tracts, hereby request that our
1-acre tracts currently zoned UR-7, (originally zoned and platted as SR-1)be rezoned as
Urban Residential 1 acre tracts(UR-1)
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CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: August 14, 2003
Item: Check all that apply: ❑ consent D old business ❑ new business ❑ public hearing
X information 0 admin. report ❑ pending legislation
AGENDA ITEM TITLE: Interim Comprehensive Plan/Land Use Presentation
GOVERNING LEGISLATION; RCW 36.70A-Growth Management Act
PREVIOUS COMMISSION/COUNCIL ACTION TAKEN: City Council was briefed on
August 5, 2003
BACKGROUND: The City Council adopted the Spokane County Comprehensive Plan as
the City's Interim Comprehensive Plan prior to incorporation. The City will be developing
a new Plan consistent with the guiding provisions of the Growth Management Act and
the Countywide Planning Policies.
The Community Development Department will present a review of individual elements of
the Comprehensive Plan over the next several meetings to familiarize the Council with
both the Comprehensive Plan and the development process. This presentation covers
the Land Use element and includes the requirements of the Growth Management Act, the
adopted Countywide Planning Policies, an overview of relevant elements of the Interim
Plan, requirements far inter jurisdictional coordination, and a brief overview of the
process for developing land use regulations.
RECOMMENDATION: None
STAFF CONTACT: Marina Sukup, Community Development Director
DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT
A Planning Vision for Spokane Valley
by
Bill Gothmann
Revised: August 14, 2003
The City of Spokane Valley builds upon a rich history of those who sought the
freedom and opportunity offered by this beautiful area. Names such as Liberty Lake and
Opportunity testify to these pioneering goals. As we develop plans for the future, we will
stand upon the shoulders of many individuals and people who have made us great.
Innovators such.as Daniel C. and Austin Corbin, opened Spokane Valley to
agriculture by construing the "Corbin Ditch," supplying water from Liberty Lake. Peter
Morrison, by draining Saltese Flats, opened that area to additional ranching. Similarly,
Antione Plante demonstrated his entrepreneurial spirit by operated a ferry across the
Spokane River. We will build upon these innovators by being a city that encourages
business development through our planning, zoning,regulating,permitting,and city
services.
In the last century, areas such as Greenacres, Ponderosa, and Chester grew as
families moved from the "city" to the "valley." Here,they enjoyed the freedoms of larger
living areas and less restrictions,permitting them to grow their gardens and raise their
families. We will build upon their efforts by encouraging a full range of housing
opportunities, and encouraging new, innovative community development, while
maintaining the least restrictive environment required for our citizens to prosper and
enjoy life.
Native Americans, pioneers, and present residents all recognized the importance
of strong families. Thus,our planning acknowledges that strong social, educational,
religious,and governmental institutions contribute to a nurturing, supportive environment
for our children,the elderly,singles,and families.
hrlulitmodal transportation has always been a part of the Spokane Valley. John
Mullan's trail, established in 1562 between Ft. Benton, Montana and Walla Walla,
Washington, runs through our area. Felts Field was both a stop for Charles Lindberg on
one of his flights, and the site of one of the first aircraft Weather Observation Squadrons
(now the Air National Guard's 141st Air Refueling Wing). Antione Plante's ferry
permitted travel on both sides of the River. We will continue to build on the efforts of
these pioneers by developing transportation that is safe, convenient, and fast,for the
residents of our community, for the businesses that are so essential to our success,and for
travelers who pass through our City.
Page 1 of 2
Tribes such as the Spokanes and the Coeiir d'Alenes have, for hundreds of years,
preserved the natural resources of this beautiful area. We acknowledge our debt to these
great people by learning from them, and by caring for the land, flora, and fauna they have
entrusted to us.
Names such as Father Pierre Jean DeSmet, Chief Andrew Seltice, Chief Spokan
Garry, and Addison T. Dishrnan bear witness to the diversity of people in the Spokane
Valley. Our City will build upon this rich,healthy legacy. Additionally,we seek to
preserve those buildings, sites,artifacts, and traditions as we,collectively,develop our
plans for the 21st. century.
Finally,the people of this community have always been its strength. Thus;our
City planning acknowledges that our citizens will always be our first priority. We will
develop plans that deliver services:
A. Effectively --that is, they do what they are designed to do.
B. Efficiently--that is, at a minimum cost of resources,including meeting the
goals of growth management.
C. Courteously--that is, showing utmost respect for each individual citizens'
resources and time.
As we continue the tradition of the great people who preceded us,we expect to
build a City that will be an example to all for generations to conic.
Page 2 of 2
City of Spokane Valley
Request for Planning Commission Review
DATE: August 14, 2003
TYPE:
❑ Consent ❑ Old Business ❑ New Business X Public Hearing
❑ Legislation ❑ Information E Administrative Report
AGENDA ITEM TITLE: Junk Vehicle Ordinance Public Hearing
GOVERNING LEGISLATION: Revised Code of Washington
PREVIOUS COMMISSION ACTION TAKEN: Junk VehicleiCode Enforcement Briefing
BACKGROUND: The Spokane Valley City Council conducted a public hearing on a proposed
Junk Car Ordinance on May 27, 2003. After receiving public testimony, the Council voted to table
the item and directed Planning Staff to discuss the issues raised during the hearing with
interested individuals. Planning and Code Enforcement Staff organized a Citizens Committee to
review the issues and make an advisory recommendation. The Committee included four car
enthusiasts, one SCOPE volunteer and a Spokane Valley Planning Commissioner.
The group met once, on June 12, 2003, to discuss issues relating to junk cars. The Committee's
recommendations were presented in a memo (attached)to the City Council on June 13, 2003.
The City Council directed the Planning Commission to review the proposed ordinance and
provide an advisory recommendation.
On July 23, 2003, Spokane Valley Planning Staff conducted a study session for the Planning
Commission on the proposed Junk Vehicle Ordinance.
Issue Summary
The intent of the proposed ordinance is to clean up junk vehicles that are so prevalent throughout
Spokane Valley, The main issues addressed in the ordinance are:
1. Definition of a junk vehicle.
2. Number of junk vehicles allowed on private property.
3. Abatement of junk vehicles,
Definitions
The ordinance defines junk vehicles, with language taken directly from R,Ceer 46.55.010, except
for the"apparently inoperable" provision. A vehicle must meet three of four criteria before it is
determined to be"junk". The ordinance also defines"vehicle", which is any device capable of
being moved on a public highway.
Storage
The proposed ordinance states that no more tan 2 junk vehicles, including parts cars, can be
stored in the UR-3.5 and UR-7 zones. The vehicles must be completely screened behind a fence
or landscaping. An unlimited number of jtlnk vehicles are allowed in completely enclosed
buildings. Outdoor storage of junk vehicles is not permitted in the UR-12 and UR-22 zones.
Vehicle Repair
Cars under repair are not considered junk vehicles. However, it must be shown that a good faith
effort is being made to repair the vehicle. Further, the repairs must be completed in 60 days; an
additional 60 day period may be granted by the Community Development Director. The proposed
regulation does not restrict the location en the property where individuals can work on a car_
Abatement
The draft Ordinance (Attachment 1-Draft 5) noticed in the paper has been revised to include new
procedures to abate junk vehicles (Attachment 2-Draft 6). The abatement procedure in the
revised ordinance requires a judicial order for the City to enter private property and remove the
junk vehicle, The process to obtain a judicial order will take approximately 30-90 days. This
change is intended to limit the Crty's liability for damages in the circumstance of a property owner
challenging the City's unwarranted entry onto private property.
Zoning Code Amendment
Storage of junk vehicles is currently regulated by the Interim Zoning Code under Storage
Standards of the four residential zones. The proposal is to amend Chapters 14.616, 14.616,
14.620 and 14.522 to delete standards for storing inoperable vehicles and adding a sentences
referring to the new Junk Car Ordinance,
Citizens Committee Recommendations
The Citizens Committee recommends the following:
Definitions: No change to proposed riefrnitions.
Storaoe: The Committee recommends allowing up to 3 cars on private property in the UR .5
and UR.-7 zones. This will allow for 2 parts cars, which are often needed when repairing and/or
restoring cars, according to the Committee. The Committee agreed that the vehicles must be
fully screened behind a fence or landscaping-
Vehicle Repairs: The Committee supported an additional 60 day time period for good faith car
repairs_
Abatement The Committee agreed that, as long as the City is abating true junk vehicles, and not
collector or hobby cars, they support the abatement provisions.
STAFF RECOMMENDATION: Staff recommends that the Planning Commission make a positive
recommendation to the City Council based en the proposed attached ordinances, public
testimony and information provided to the Commission to date.
ATTACHEIIfIENTS:
1. Proposed ".dunk Vehicle Ordinance Draft 5"
2. Revised "Junk Vehicle Ordinance—Draft 6"
3. Proposed 'Zoning Code Amendments'
4_ Memo to City Council
STAFF CONTACT: Scott Kuhta,AICP, Long Range Planner
Cary Driskoll, Deputy City Attorney
PUBLIC HEARING SIGN-IN SHEET
SPOKANE VALLEY
PLANNING COMMISSION MEETING
DATE 0. /65
SUBJECT CA-TZ. a rz.lz,ilj pc Lki C
ALL PERSONS WISHING TO SPEAK AT THE PUBLIC HEARING MUST SIGN IN
WITH YOUR NAME AND ADDRESS FOR THE RECORD. THERE MAY BE A TIME
LIMIT FOR YOUR COMMENTS. A COPY OF ANY WRITTEN COMMENTS
RELATING TO THE PUBLIC HEARING SUBJECT MUST BE PROVIDED TO THE
CITY CLERK
NAME ADDRESS TELEPHONE
PLEASE PRINT
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Page 1 of 1
Debi Alley
From: Lleyidslamp@aol.com
Sent: Saturday, August 09, 2003 8:11 PM
To: Planning Commission
Subject: Public Hearing -August 14, 2003
This is a response to the notice in the newspaper regarding the hearing on W14)03, regarding a proposed
ordinance to regulate the storage of junk vehicles on private property.
We are residents of the new city and are very much in favor of the city passing an ordinance to regulate the
storage of Junk vehicles on personal property. There are too marry of these junkers now and something needs to
be done to get rid of them. People are going to resist, especially the ones who have old cars that they are
working on and fixing up. These types of vehicles ncod to begaraged or out of sight to the neighborhood and a
time limit put on fixing them up or getting rid of them.
The new city is taking an interest in cleaning up our neighborhoods and property and getting rid of junk cars is a
step forward in doing this.
Lloyd and Marianne Thomas
12920 E. 26th Ave.
Spokane Valley
811112003
Procedural
• Washington Cities Insurance Authority advises
this approach to limit liability
Lien Filed
Field �Verification4 ofll plaint! !
Notice of Violation ' Voluntary Compliance Nuisance Abated
and Hearing No Citation by City
15 Days
Appeal ViolationAppellant Wins Failure to Respond
Case Over Summary Judgment
190 Days
Hearing ExaminerFinding of Violation Superior Court
$$Fine$$ Abatement Order
Proposed administrative draft—C DriskeIl
August 6,2003
Draft 6
CITY OF SPOKANE VALLEY,
WASHINGTON ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SPOKANE
VALLEY, WASHINGTON, REGULATING THE STORAGE OF
JUNK VEHICLES ON PRIVATE PROPERTY.
WHEREAS, there currently exists within the City a large number of private
properties where junk vehicles are being permanently stored in violation of existing
Zoning Code provisions;
WHEREAS, the storage of unlicensed and inoperable motor vehicles on private
properly creates a public nuisance and interferes with the reasonable use and enjoyment
of property;
WAS, the storage of junk vehicles on private property poses a threat to the
health, welfare and safety of the citizens of the City and the City desires to address this
problem;
WHERE, enforcement of public nuisances is within the police powers of the
City of Spokane Valley, Washington; and
WHEREAS, the City finds and declares that it is in the best interest of the
residents and inhabitants of the City to remove junk vehicles as public nuisances, and
provide for their abatement through due process.
NOW, THEREFORE, THE CITY COUNCIL, OF THE CITY OF SPOKANE VALLEY,
WASHINGTON DO ORDAIN AS FOLLOWS
SECTION 1 — Purpose and intent. The City recognizes the benefit and enjoyment
individuals receive from the repair and rehabilitation of old or inoperable vehicles. It is,
however, the purpose and intent of this ordinance to provide for the removal of junk
vehicles from private property that create an attractive nuisance and negative aesthetic
impact upon property and the community,
SECTION 2 —Definitions.
A. "City"means the City of Spokane Valley, Washington.
B. "Code Enforcement Officer" means a regular or specially commissioned officer
so designated by the Director of Community Development for the City.
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C. `Director"means the City Manager or designee, who is anticipated to be Director
of Community Development for the City.
D. `Hearing Examiner" means the hearing examiner for the City.
E. "Impound" for the purposes of this ordinance means to take and hold a vehicle in
legal custody.
F. "Inoperable" means incapable of being operated legally on a public highway,
including but not limited to, not having a valid, current registration plate or current
certificate of registration.
G "Junk vehicle" means a vehicle substantially meeting at least three of the
following criteria:
1. Is three years old or older;
2. Is extensively damaged, such damage including but not limited to any of
the following: a broken window or windshield, missing wheels, tires, motor, or
transmission;
3. Is apparently inoperable;
4. Has an approximate fair market value equal only to the approximate value
of the scrap in it
H. "Person(s)responsible for a violation" means:
1. The land owner where the jnnk vehicle is located as shown on the last
equalized assessment roll; and
2. The last registered owner of the vehicle, unless the owner in the transfer of
ownership of the vehicle has complied with RCW 46.12.101; and
3. The legal owner of the vehicle.
I. "Vehicle" for the purposes of this ordinance includes every device capable of
being moved upon a public highway and in, upon, or by which any persons or property is
or may be transported or drawn upon a public highway, including bicycles. The terra does
not include devices other than bicycles moved by human or animal power or used
exclusively upon stationary rails or tracks, as set forth in RCW 46.04.670.
SECTION 3 — Abatement and removal of junk vehicles from private property.
Except as provided in Section 4, all junk vehicles placed, stored or permitted to be
located on private property within the City limits ar public nuisances to be abated as
provided in this ordinance.
\"4.431 kiSijIrt
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SECTION 4—Exceptions. This ordinance does not apply to:
A. A vehiele or part thereof that is completely enclosed within a building in a Iawful
manner where it is not visible from the street or other public or private property;
B. A vehicle or part thereof that is stored or parked in a lawful manner on private
property in connection with the business of a licensed dismantler or licensed vehicle
dealer, and is fenced according to the provisions of RCW 46,50,l30;
C. A junk vehicle does not include a vehicle which is in the process of being
repaired, as evidenced by the good faith efforts of the vehicle owner. This exception
shall include having up to one "parts" vehicle, from which parts are being salvaged
concurrent with the repair process for the vehicle being excepted from compliance in this
subsection. Good faith efforts of repair can include producing invoices showing work or
parts purchased for repair or renovation within thirty days prior to issuance of the notice
of violation, or a declaration under penalty of perjury that the vehicle is in the process of
being repaired and has been worked on within thirty days prior to issuance of the notice
of violation_ This exception allows up to sixty (60) days for good faith repair. Upon
good cause shown,the Director shall have the discretion to grant one additional sixty (60)
day exception period to dais ordinance. Under no circumstance shall any good faith
efforts of repair extend for more than 120 days, after which time this exception shall no
longer apply. This exception shall apply to one vehicle and one parts vehicle per parcel
of land per calendar year.
D. There shall be allowed as exceptions to this ordinance up to two (2)junk vehicles
in UR 3.5 and UR 7 zones, so long as they are completely sight-screened by maintained
Type I or li landscaping, a maintained landscaped berm, or fencing. Types I and II
landscaping are described in Spokane Valley Zoning Code Section 14.806.060. Junk
vehicles allowed by this exception are restricted to only the TSR 3.5 and UR 7 zones,
SECTION 5— Violation notice.
A. A Code Enforcement Officer is authorized to issue and serve a notice of violation
upon reasonable belief that a violation of one or more provisions of this ordinance has
occurred.
B. The notice of violation shall be issued to the person(s) responsible for a violation
of this ordinance_ The last legal and registered owner need not be notified if the vehicle
is in such condition that identification numbers are not available to determine ownership.
C. The notice of violation may be served by means of personal service, or by mailing
a copy of the notice of violation to a person(s) responsible for a code violation to his or
her last known mailing address as determined by the Code Enforcement Officer by
certified mail, with a five-day return receipt requested. Proof of service shall be made by
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a written declaration under penalty of perjury by the person affecting the service,
declaring the time, date,place of service,and the manner by which service was made.
D. The notice of violation shall contain substantially the following information:
1_ The name and address of the person to whom the notice of violation is
issued;
2. The location of the subject property by address or other description
sufficient to identify the subject property;
A description of the vehicle and its location, and the reasons the City
deems it to be a public nuisance in violation of this ordinance;
4. A description of the corrective action necessary to eliminate the violation;
5. That the corrective action must be performed within fifteen(15) days from
the date of service of the notice of violation;
6. That a hearing will be held by the Hearing Examiner, including the date
and time of the hearing, pursuant to Section 6 of this Ordinance;
7. A statement that if the person(s) responsible for a violation fails to
complete the corrective action, the City or its designee shall initiate judicial
abatement proceedings to remove, impound and dispose of the vehicle, and will
assess all costs of arirninist tion, court-related costs and removal against the
person(s) responsible for a violation after a hearing by the Hearing Examiner in
which the Hearing Examiner determines that there has been a violation of this
Ordinance;
8. A statement that the land owner upon which the vehicle is located may
appear in person at the hearing, or provide a written statement to the Hearing
Examiner, denying responsibility for the presence of the vehicle on the land, with
his or her reasons for the denial;
9. A statement that a person responsible for a violation who voluntarily
complies with or allows abatement within fifteen days of receiving a notice of
violation shall not be assessed a civil monetary penalty; and
10. If the Hearing Examiner determines the appellant is a person responsible
for a violation, a $250 civil monetary penalty will be assessed.
SECTION 6--Bearing on notice of violation.
A. A person receiving a notice of violation shall have ween (15) days from the date
of service of the notice of violation to voluntarily abate the junk vehicle(s) to avoid
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imposition of a civil monetary penalty pursuant to Section 8 of this Ordinance. A hearing
shall be automatically scheduled, to be held after expiration of fifteen(15) days service of
the notice of violation. The notice of violation shall state the time, location and date of
the hearing on the issue of imposition of a civil monetary penalty.
S_ The person(s) responsible for a violation may appear in person at a hearing or by
submitting a written statement for consideration. If the land owner dentes responsibility
for the vehicle being on his or her land, and has provided sufficient written evidence in
support of the denial, the Hearing Examiner is authorized to determine, based upon
available evidence, whether the land owner is responsible for, or acquiesced to, the
presence of the vehicle. If the land owner has not acquiesced in the vehicle's presence,
the Hearing Examiner's order shall state such. In that instance, the land owner shall sign
a written permission form at the time of hearing allowing the City to immediately remove
the junk vehicle from his or her real property. If the land owner fails to sign the
permission form, he or she will be determined to be acquiescing in the vehicle's presence
on the real property.
C. If the Hearing Examiner determines that a land owner is not responsible for a
vehicle being on his or her property, the City shall not assess costs of administration
(including civil monetary penalties) or nuisance abatement against the real property
where the vehicle is located.
D. The Hearing Examiner may uphold, modify or revoke the notice of violation as
appropriate. The Hearing Examiner shall provide written findings of fact and order
within five business days of the conclusion of the hearing. The Hearing Examiner's
order shall constitute a final action.
E. If the Hearing Examiner upholds the notice of violation, the Hearing Examiner
shall impose a civil monetary penalty of$250_
F. A copy of the Hearing Examiner's order shall be served upon the person(s) to
whom it is directed, either personally or by mailing a copy of the order by certified mail,
with a five-day return receipt requested, to such person at his or her last known address as
determined by the code compliance officer. Proof of service shall be made by a written
declaration under penalty of perjury by the person effecting service, stating the time,date,
location and manner by which service was made.
SECTION 7 —Abatement— costs—liens.
A. Emergency Abatement: Whenever a condition, the continued existence of which
constitutes an immediate threat to the public health, safety or welfare or to the environment,
is found to exist, the City may summarily and without prior notice abate the condition.
Notice of such abatement, including the reason for it, shall be given to the person
responsible for the violation as soon as reasonably possible after the abatement.
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B. Judicial Abatement: The City may seek a judicial abatement order from Spokane
County Superior Court, as deemed necessary, to abate a condition which continues to be a
violation of this Ordinance where other methods of remedial action have failed to produce
compliance.
C. The costs, including incidental expenses, of abating the violation shall be billed to
the person responsible for the violation and shall become due and payable to the City within
ten(10) calendar days. The term incidental expenses includes but is not limited to personnel
costs, both direct and indirect and including attorneys fees; costs incurred in documenting
the violation; hauling, storage and disposal expenses; and actual expenses and costs of the
City in preparing notices, specifications and contracts, and in accomplishing andlor
contracting and inspecting the work; and the costs of any required printing and mailing. All
such costs and expenses shall constitute a lien against the affected property and may be
subject to collection following a court judgment. Such a lien shall be substantially in
accordance with the provision regarding mechanic's liens in RCW 60.04, and said lien
shall be foreclosed in the same manner as such,yens.
f [45 r
D The Tien shall be subordinate-to all pre ugly existing special assessment liens
imposed on the same property and hall be sup 'or to all other liens, except for state and
county taxes, with which it shall-1 e, -a ;a The City of Spokane Valley may cause a
claim for lien to be filed for record within ninety (90) days from the later of the date that the
monetary penalty is due or the date the work is completed or the nuisance abated. The claim
of lien shall contain sufficient information regarding the notice of violation,a description of
the property to be charged with the lien, the owner of record, and the total of the lien.. Any
such claim of lien may be amended from time to time to reflect changed conditions. Any
such lien shall bind the affected properly for the period as provided for by state law.
E. The vehicle shall be disposed of to a licensed motor vehicle wrecker or hulk
hauler with notice to the Washington State Patrol and the State Department of Licensing
that the vehicle has been wrecked. Any vehicle or part thereof impounded pursuant to
this ordinance shall be processed in accordance with the laws of tbe State of Washington.
F.
Any registered disposer under contract with the City for the impounding of
vehicles shall comply with any administrative regulations relative to the handling and
disposing of vehicles as may be promulgated by local authority or the Director.
G. Costs of removal will not be assessed against the legal owner of the vehicle if that
if the owner in the transfer of ownership of the vehicle has complied with RCW
46.12.101.
SECTION 8 -- Civil Monetary Penalties — Voluntary Compliance. If the Hearing
Examiner determines that the person receiving the notice of violation is a person
responsible for a violation, that person shall be assessed a civil monetary penalty in the
amount of$250.00.
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SECTION 9 — Junk vehicle abatement program — authorized, The Director is
authorized to develop a comprehensive junk vehicle abatement program. It is intended
that this program will developed through community evolvement. The purpose of the
Sunk Vehicle Abatement Program is to develop a program that is cost effective for the
City, encourages voluntary compliance, and implements the goals of this Ordinance.
SECTION 10—Junk vehicle abatement fund —authorized. All monies collected from
the assessment of civil penalties and for abatement costs and work shall be allocated to
support expenditures fox abatement, and shall be accounted for through either creation of
an account for such abatement costs, or other appropriate accounting mechanism. Any
monies collected under this ordinance that exceed an amount projected to cover
anticipated abatement requirements within a six month time period shall be placed in the
general fund.
SECTION 11 — 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 12 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 day of September,2003.
Mayor, Michael DeVlerning
ATTEST:
City Clerk, Christine Bainbridge
Approved as to form:
Interim City Attorney, Stanley M. Schwartz
Date of publication:
Effective date:
cf pd work filesiordinancesjunk vehictestjunk vehicle ordinance-proposed admin draft 6,8-6-03
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DRAFT DRAFT
Chapter 14.616
URBAN RESIDENTIAL-3.5 11JR-3.5)ZONE
14.616.355 Storage Standards
All storage(including storage of recyclable materials) shall be wholly within a building or shall be
screened from view from the surrounding properties and shall'be accessory to the permitted use on
the site. There shall be no storage in any required front yard or flanking street yard.
Storage of inoperable and/or unlicensed vehicles is regulated by Spokane Valley C}rdinance No.
■- _ -• . _.. . - _ _ =_; rad leer ro teritl • boomed vehicles Cr
Chapter 14.618
URBAN RESIDENTIAL-7(UR-7) ZONE
141618.355 Storage Standards
All storage,except as provided below,shall be wholly within a building and shall be accessory to the
permitted use on the site. Where proposed,recreational vehicle parking areas shall be paved and
screened from view of adjoining properties. All multiple-family developments shall designate
recreational vehicle parking areas.
On lots where the primary use is a duplex or multi-family dwelling user the private,noncoercial
storage of inoperable or not-currently-licensed vehicles or remnants thereof shall be allowed within a
permitted,completely enclosed building,including doors.
Storage of inoperable and r unlicensed vehicles is regulated by Spokane Valley Ordinance No.
w _ _ • -fling,the private,noncommercial storage of up to
11.808.060.
the-primary use i_. a dup . - _ .,. ,. _ _ -_ - _ - _ _
Draft Zoning Code
Text Revision July 23,2443
DRAFT DRAFT
(September 1,1,1)4
Chapter 14.620
URBAN RESIDENTIAL-12(ITR-12)ZONE
14.620.355 Storage Standards
Mi storage shall be wholly within a building and shall be accessory to the permitted use on the site.
Where proposed,recreational vehicle parking areas shall be paved and screened from view of
adjoining properties. All multiple-family developments shall designate recreational vehicle parking
areas.
Storage of inoperable and/or unlicensed vehicles is regulated by Spokane Valley Ordinance No.
thereof shall be allowed w tt -a peru fitted,completely etch F.. , . , -=:--; -=
Chapter 14.62.2
URBAN RESIDENITAI-22(UR-22)ZONE
14.62255 Storage Standards
All storage shall be wholly within a building and shall be acces scary to the permitted use on the site.
Where proposed,recreational vehicle parking areas shall be paved and screened from view of
adjoining properties. All multiple-family developments shall designate recreational vehicle parking
areas_
Storage of inoperable and/or unlicensed vehicles is regulated by Spokane Valley Ordinance No.
The private,nonceektuiereial storage of inoperable or not n rr€ntly-li , -
- -.., -- - - - - - - - -- - . -
k � . chiding doors.
Draft Zoning Code
Text Revision July 23, 2003
MEMO TO CITY COUNCIL FOR JUNE 17 STUDY SESSION
June 13, 2003
From Cary P. Driskell,Deputy City Attorney
ISSUE—Junk/inoperable vehicle ordinance.
Several members of the staff(Chris Berg, myself, Greg McCormick, Kim Lyonaise and
Scott Kuhta), Bill Gathma m of the Planning Commission, a SCOPE volunteer, and four
car enthusiasts met June 22 from 5:00 to 7:00 pm.to discuss the junk vehicle ordinance.
The purpose of the meeting was to address issues raised in opposition to the original draft
junk vehicle ordinance presented to the Council three weeks ago. This meeting was part
of a broader attempt to increase public participation for a revised proposal.
The meeting was very cordial, and staff all felt like we came to some general consensus
on the pertinent issues. Greg did a pared down version of the power point presentation
that was provided to Council last month to show the problem. We then explained to them
that the intent of the draft ordinance was to target true junk vehicles. We then walked
through state law, the existing County regulations, and the draft ordinance that was
tabled.
Following that, the group discussed various options, including definitional changes,
exceptions, fines, and appeal rights. Scott prepared a table of different policy approaches
under three classifications of ordinances. Those are included with this memo.
To summarize our discussions, there was consensus that up to three vehicles should be
allowed in back yards so long as they are completely screened year round by either sight-
obscuring fence or landscaping. There was consensus that the definitions did not need to
be changed if up to three vehicles (or parts thereof) were allowed. Further, once they
understood the issue of allowing up to 60 days for good faith effort of repair anywhere on
the property, they were fine with that, so long as there is additional language that the
Community Development Director has authority to grant one 60 day extension on a
showing of good cause.
Staff would like to know if there are any of the specific policy alternatives that the
Council would like the Planning Commission to give deference to.
We have also attached a projected timeline for adoption of a revised junk vehicle
ordinance.
C,,, rtNx,,,frAwCaryriskell
Deputy City Attorney
Inoperable Vehicle Code
Comparison Chart
Current Zonin' Code Pro.osed Code Alternative
Inoperable Vehicle Junk Vehicle Committee ok with
Vehicle does not function as * 3+ years old proposed code
Definitions originally designed because. • Extensively Damaged definition, Classic car
essential components non • Apparently Inoperable definition not
workin. missing, or absent. • Value = oni scra in it necessar
' R-3.5 Zone • One vehicle if being Three vehicles if
Allows storage of 2 inoperable, ' repaired - no longer totally screened
or not currently licensed than 60 days. Can be Unlimited if enclosed
vehicles, if completely located anywhere on in building.
Number of Mowed screened property. • One vehicle if being
Inoperable Vehicles Unlimited in enclosed building repaired anywhere on
Stored on Private R-7 Zone • Unlimited if totally property - no longer
Property anie as Uig-3.5 enclosed than 60 days.
R-12 Director can extend
'forage only in enclosed building no more than 60
R-22 additional days.
arse as UR-12
Criminal - jail and/or fine Vehicle removed
(misdemeanor); or . (abatement) either by ??
Enforcement Civil violation subject to fines - , owner or by City,
$75 - $500 + 50 per day
violation exists Can be fined $250
Appeal 14 days after receiving notice of 15 days after receiving 15 days after receiving
violation abatement notice abatement notice
Inoperable Vehicle Code
Tentative Adoption Process
Citizens Advisory Committee
June 12. 2003
City Council Study Session
June 17, 2003
r
Planning Commission Study Session
July 9, 2003
Planning Commission Public Hearing
July 23, 2003
Planning Commission
Recommendation to City Council
August 20, 2003
City Council Study Session or Public Hearing ,
September 2. 2003
City Council Code Adoption
September 9, 2003
6/13/2003
DRAFT DRAFT
Chapter 14.616
URBAN RESIDENTIAL-3.5 (UR-3.5) ZONE
14.6.16.355 Storage Standards
Ail storage (including storage of recyclable materials)shall be wholly within a building or shall be
screened from view from the surrounding properties and shall be accessory to the permitted use on
the site. There shall be no storage irk any required front yard or flanking street yard.
Storage of inoperable and/or unlicensed vehicles is regulated by Spokane Valley Ordinance No.
• _... . . _ . a - . . . v.. _ ..
adoption,plus one year(September 1, 1993).
Chapter 14.618
URBAN RESIDENTIAL-7(UR-7)ZONE
14.618.355 Storage Standards
All storage,except as provided below,shall be wholly within a building and shall be accessory to the
permitted use on the site. Where proposed,recreational vehicle parking areas shall be paved and
screened from view of adjoining properties. All multiple-family developments shall designate
recreational vehicle parking areas.
On lots where the primary rise is a duplex or multi-family dwelling use,the private,noncommercial
storage of inoperable or not-currently-licensed vehicles or remnants thereof shall be allowed within a
permitted,completely enclosed building,including doors.
Storage of inoperable and/or unlicensed vehicles is regulated by Spokane Valley Ordinance No.
11$06.060.
Fer . _ : . - . - . _ _ .F.. t, f„a 7 .,r,
Draft Zoning Code
Text Revision July 23,2003
DRAFT DRAFT
(September-449924
Chapter 14.620
URBAN RESIDENTIAL-12 (LTR-12)ZONE
14.620355 Storage Standards
All storage shall be wholly within a building and shall be accessory' to the permitted use on the site_
Where proposed,recreational vehicle parking areas shall be paved andscreened from view of
adjoining properties. All multiple-family developments shall designate recreational vehicle parking
areas.
Storage of inoperable and/or uniiceosed vehicles is regulated by Spokane Valley Ordinance No.
Chapter 14.622
URBAN RESIDENTIAL-22 (UR-22)ZONE
14.622355 Storage Standards
All storage shall be wholly within a building and shall be accessory to the permitted use on the site.
Where proposed,recreational vehicle parking areas shall be paved and screened from view of
adjoining properties. All multiple-family developments shall designate recreational vehicle parking
areas.
Storage of inoperable and/or unlicensed vehicles is regulated by S lCene Valley Ordinance No.
Draft Zoning Code
Text Revision July 23,2003
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