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2015, 12-15 Study SessionAGENDA CITY OF SPOKANE VALLEY CITY COUNCIL WORKSHEET STUDY SESSION Tuesday, December 15, 2015 6:00 p.m. CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue, First Floor (Please Silence Your Cell Phones During the Meeting) DISCUSSION LEADER SUBJECT/ACTIVITY GOAL CALL TO ORDER ROLL CALL: ACTION ITEMS: 1. Lori Barlow 2. Marty Palaniuk 3. Marty Palaniuk 4. Marty Palaniuk 5. Lori Barlow 6. Mark Calhoun Second Reading Proposed Ordinance 15-024 Adopting Adopt Ordinance Shoreline Master Program [public comment] Second Reading Proposed Ordinance 15-025 Amending Adopt Ordinance Spokane Valley Municipal Code Title 17 [public comment] Second Reading Proposed Ordinance 15-026 Amending Adopt Ordinance Spokane Valley Municipal Code Title 18 [public comment] Second Reading Proposed Ordinance 15-027 Amending Adopt Ordinance Spokane Valley Municipal Code Appendix A [public comment] Proposed Resolution 15-011 Repealing Previous Approve Resolution Shoreline Master Program Resolutions [public comment] Consulting Services Agreement [public comment] Motion Consideration NON -ACTION ITEMS: 7. Karen Kendall, Historic Preservation Gloria Mantz Discussion/Information 8. Luis Garcia Code Enforcement Update Discussion/Information 9. Morgan Koudelka Spokane County Information Systems Department Interlocal Discussion/Information 10. Morgan Koudelka Commute Trip Reduction Interlocal Discussion/Information 11. Morgan Koudelka False Alarm Agreement Extension Discussion/Information 12. John Hohman City Hall Update Discussion/Information 13. Mayor Grafos Advance Agenda Discussion/Information 14. Mayor Grafos Council Comments Discussion/Information 15. Mike Jackson City Manager Comments Discussion/Information ADJOURN Study Session Agenda, December 15, 2015 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 15, 2015 Department Director Approval: Check, all that apply ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Second Reading Proposed Ordinance 15-024 repealing the Shoreline Master Program (SMP) and Development Regulations in Spokane Valley Municipal Code (SVMC) Chapter 21.50 and Appendix 21-H and adopting the 2015 Shoreline Master Program (SMP) and new SVMC Chapter 21.50 GOVERNING LEGISLATION: Shoreline Management Act (SMA) RCW 90.58 PREVIOUS COUNCIL ACTION TAKEN: Approved by Ordinance No. 14-020 to send to the Department of Ecology (Ecology) for review; On December 1, 2015 Council advanced the final adoption of the SMP to the Ordinance First Reading; and on December 8, 2015, Council approved a motion advancing this Ordinance to a Second reading. BACKGROUND: The City conducted a comprehensive SMP update consistent with the SMA and its implementing guidelines (WAC 173-26) to develop its 2015 SMP. The SMA requires that local government conduct a local review and approval process prior to submitting the SMP to Ecology for state review and approval. The City adopted Ordinance No 14-020 on December 9, 2014 approving the 2015 SMP and formalizing the City's process. The Ordinance recognized that the 2015 SMP would not be in effect until approved by Ecology. On August 20, 2015 Ecology approved the document as submitted and the document became effective on September 3, 2015. At this time the City must complete the process to replace the existing SMP, which is currently set forth in Chapter 21.50 SVMC, by adopting the 2015 SMP approved by Ecology. Concurrently, to avoid confusion, the City will repeal prior ordinances and resolutions that accepted drafts of various parts of the 2015 SMP which were submitted to Ecology. The shoreline regulations, which are Chapter 4 of the 2015 SMP, will be located in the Municipal Code as Chapter 21.50, while the 2015 SMP is a stand-alone document, similar to the Parks and Recreation Master Plan. The Comprehensive Plan update will incorporate the 2015 SMP as a new Chapter. OPTIONS: Move to approve Ordinance 15-024, with or without further amendments. RECOMMENDED ACTION OR MOTION: Move to approve Ordinance No. 15-024, adopting the Shoreline Master Program. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Lori Barlow, AICP, Senior Planner ATTACHMENTS: Draft Ordinance 15-024 (The complete Shoreline Master Program document can be viewed at the City Clerk's office.) DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 15-024 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON REPEALING THE SHORELINE MASTER PROGRAM AND DEVELOPMENT REGULATIONS IN CHAPTER 21.50 AND APPENDIX 21-H OF THE SPOKANE VALLEY MUNICIPAL CODE, ADOPTING THE 2015 SHORELINE MASTER PROGRAM AND NEW CHAPTER 21.50 SPOKANE VALLEY MUNICIPAL CODE, AND OTHER MATTERS RELATING THERETO. WHEREAS, in 1972, the public adopted the Shoreline Management Act, codified at Chapter 90.58 RCW (SMA), by way of referendum to "prevent the inherent harm in an uncoordinated and piecemeal development of the state's shorelines"; and WHEREAS, RCW 90.58.080 requires local governments to develop or amend master programs for the regulation and uses of the shorelines of the state consistent with the guidelines adopted by the Washington State Depaitinent of Ecology (Ecology); and WHEREAS, RCW 90.58.020 directs local governments developing shoreline master programs to give preference to uses in the shorelines in the following order of preference which: 1) recognize and protect the State-wide interest over local interest; 2) preserve the natural character of the shoreline; 3) result in long-term over short-term benefit; 4) protect the resources and ecology of the shoreline; 5) increase public access to publicly -owned areas of the shorelines; 6) increase recreational opportunities for the public in the shoreline; and 7) provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary; and WHEREAS, in 2003, Ecology adopted new rules, pursuant to RCW 90.58.200, which gave procedural and substantive direction to local jurisdictions for updating shoreline uses and regulations, which became effective January 17, 2004; and WHEREAS, when it incorporated in 2003, the City of Spokane Valley (City) adopted Spokane County's then -existing Shoreline Master Program as the City's Shoreline Master Program (SMP). Pursuant to RCW 90.58.080, the City is required to adopt a comprehensive master program update consistent with the criteria set forth in Ecology's guidelines (chapter 173-26 WAC); and WHEREAS, two bodies of water within the City are regulated under the City's SMP, including the Spokane River and Shelley Lake. The Spokane River is designated as a "shoreline of statewide significance" and Shelley Lake is designated as a "shoreline of the state"; and WHEREAS, in the fall of 2009, the City began its SMP update (the SMP Update) without the assistance of grant funding from Ecology; and WHEREAS, as part of the SMP Update, the City has conducted an extensive public input process; and WHEREAS, the SMP Update process specified that individual components of the SMP Update would be reviewed and accepted separately by City Council resolution, and further recognized that as each component was completed, it would be used as a base upon which to develop the remainder of the SMP Update and was not intended to remain as a stand-alone document; and WHEREAS, the City of Spokane Valley Shoreline Master Program Update Inventory and Characterization Report, dated April 4, 2010, Amended September 7, 2010, was accepted by the City Council pursuant to Resolution No. 10-014 (Inventory); and Ordinance 15-024 Page 1 of 4 DRAFT WHEREAS, the Shoreline Master Program Goals and Policies was accepted by the City Council pursuant to Resolution No. 12-004; and WHEREAS, the Shoreline Master Program Environment Designations was accepted by the City Council pursuant to Resolution No. 12-007; and WHEREAS, the Shoreline Restoration Plan was accepted by the City Council pursuant to Resolution No. 12-012 (Restoration Plan); and WHEREAS, the Shoreline Public Access Plan was accepted by the City Council pursuant to Resolution No. 13-001 (Public Access Plan); and WHEREAS, the Shoreline Master Program Development Regulations were accepted by the City Council pursuant to Resolution No. 14-009; and WHEREAS, the City Council adopted Ordinance No. 14-020 on December 9, 2014, to conclude that the SMP Update included the necessary master program elements required pursuant to WAC 173-26- 191(b), the master program basic requirements set forth in WAC 173-26-191(2), and the general master program provisions set forth in WAC 173-26-221 in order to submit the City's completed and updated SMP to Ecology for its review and approval; and WHEREAS, RCW 36.70A.480 provides that the goals and policies contained in a local shoreline master program shall be considered an element of the City's Comprehensive Plan adopted under the Growth Management Act, chapter 36.70A RCW and that this cannot take effect until after Ecology has approved the document; and WHEREAS, the City is in the process of completing a periodic update of the Comprehensive Plan and intends to incorporate the Goals and Policies of the SMP into the Comprehensive Plan as part of the update, which will happen at a later date; and WHEREAS, on March 2, 2015 the SMP was submitted to Ecology for review; and WHEREAS, Ecology began the agency's review process by providing an initial public comment period for the SMP that opened April 20, 2015 and closed May 20, 2015; and WHEREAS, on May 27, 2015, Ecology forwarded the comments it received to the City, acknowledging that the comments were received after the comment period had closed; and WHEREAS, on July 9, 2013 the City provided Ecology a response to those comments; and WHEREAS, on August 20, 2015 Ecology approved the City's SMP as submitted; and WHEREAS, on September 3, 2015 the SMP became effective; and WHEREAS, Ecology is required to provide a 60 -day appeal period on the final approval of the City's SMP and did not receive any appeals; and WHEREAS, the City Council desires to repeal the existing SMP to replace it with the updated SMP as has been approved by Ecology; and WHEREAS, concurrently with the repeal and replacement of the SMP, the City will propose a separate resolution to repeal all prior resolutions that were passed as part of the SMP Update in order to ensure there are no contradictory parts of the SMP. Ordinance 15-024 Page 2 of 4 DRAFT NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows: Section 1. Purpose. The purpose of this Ordinance is to repeal the City's existing SMP set forth in chapter 21.50 and Appendix 21-H SVMC and adopt the revised SMP as approved by Ecology on August 20, 2015. The City is in the process of updating its Comprehensive Plan and the revised SMP will be incorporated into the updated Comprehensive Plan at the time it is adopted. Section 2. Findings and Conclusions. The City Council acknowledges that the Planning Commission conducted appropriate investigation and study, held a public hearing on the revised SMP and recommended approval of the revised SMP. The City Council has read and considered the Planning Commission's findings. The City Council adopts the foregoing recitals as findings for this Ordinance, which are incorporated by reference as if set forth in full, and also makes the following conclusions: Conclusions: A. The Council finds compliance with SVMC 17.80.150(F) for the SMP. The SMP is consistent with the goals and policies of the Spokane Valley Comprehensive Plan, and will promote the public health, safety, welfare, and protection of the environment. B. The Council finds the following public notices were given to offer the public participation opportunities consistent with the adopted City of Spokane Valley Shoreline Master Program Public Involvement Plan: 1. Appointment of a citizen based Shoreline Advisory Group which met twice a month over a six-month period, to assist in the preparation of the draft Goals and Policies; 2. Appointment of a Technical Advisory Group consisting of representatives from a wide variety of resource agencies and interest groups; 3. Numerous public meetings and public hearings before the Planning Commission; 4. Numerous postings of public notices, draft SMPs and technical documents, meeting notices on the City website; 5. Emailing from City staff to numerous interested persons and agencies; 6. Individual notification of the August 28, 2009 and October 23, 2009 public meetings to notify potentially -impacted shoreline landowners of the public meetings, and individual mailings of the Shoreline Inventory Activities to potentially -impacted shoreline landowners; 7. Display advertisements published on five separate dates in the Spokesman Review and/or Spokane Valley Herald newspaper inviting persons to open house meetings throughout the draft development process; and 8. Notices posted on the City's website of all public meetings regarding the Draft SMP planning effort. C. The policies of the SMP are valid and applicable and will further the public health and welfare. D. The SMP will provide the citizens of the City with a program that is predictable and specific to their community. E. The process employed by the City in preparing and reviewing the SMP is in compliance with chapter 90.58 RCW, chapter 173-26 WAC, Washington State Shoreline Management Planning Guidelines, and the adopted City of Spokane Valley Shoreline Master Program Public Involvement Plan. F. The Planning Commission unanimously recommended that the Draft SMP be adopted as presented. Ordinance 15-024 Page 3 of 4 DRAFT G. The City Council adopted the revised SMP pursuant to Ordinance No. 14-020 on December 9, 2014, to conclude that the SMP Update included the necessary master program elements required pursuant to WAC 173-26-191(b), the master program basic requirements set forth in WAC 173- 26-191(2), and the general master program provisions set forth in WAC 173-26-221, and submitted the City's completed and updated SMP to Ecology for its approval. H. Ecology determined that the amendments comprehensively updating the SMP are consistent with SMA policy, the applicable guidelines and implementing rules, and therefore approved the City's comprehensive SMP Update as submitted on August 20, 2015. Section 3. Adoption of Shoreline Master Program. The City's existing SMP, set forth in chapter 21.50 and Appendix 21-H SVMC, is hereby repealed and replaced with the revised Spokane Valley SMP as approved by Ecology on August 20, 2015, as set forth in Exhibit 1, attached hereto. Chapter 4 of the revised SMP (Shoreline Regulations) shall be codified as chapter 21.50 SVMC. Section 4. Severability. If any section, sentence, clause of phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 5. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. Passed by the City Council this day of December 2015. ATTEST: Dean Grafos, Mayor Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 15-024 Page 4 of 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 15, 2015 Item: Check all that apply: ❑ consent ❑ information Department Director Approval ❑ old business ® new business ❑ public hearing ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Second Reading Proposed Ordinance No. 15-025 amending Spokane Valley Municipal Code Title 17 GOVERNING LEGISLATION: RCW 36.70A.106, SVMC 17.80.150 and 19.30.040 PREVIOUS ACTION TAKEN: 1St Reading December 8, 2015 BACKGROUND: On December 9, 2014, the City Council approved Ordinance No. 14-020, adopting the Shoreline Master Program (SMP) in order to submit the document to the Department of Ecology for review and approval. The Department of Ecology approved the document on August 21, 2015 and it became effective September 3, 2015. The process for City Council to adopt the final SMP by Ordinance No. 15-024 is underway and should be completed by December 15th. The new SMP contains procedural changes and definitions that are not consistent with the current SVMC. CTA -2015-0005 corrects the inconsistencies with the following changes: 1. Identifies, establishes and revises permit types and processes for shoreline permits; 2. Clarifies the appeal authority for shoreline permits; 3. Addresses minor code compliance housekeeping items; 4. Removes Shoreline Conditional Use permits from the matters heard by the Hearing Examiner; and 5. Modifies or eliminates definitions in SVMC — Appendix A that are inconsistent with the SMP. Ordinance No. 15-025 accomplishes items 1 thru 3 above. The Planning Commission held a public hearing on the amendments on September 10, 2015. Following public testimony and deliberation, the Planning Commission voted 7-0 to forward the amendments to City Council with a recommendation to approve. City Council moved the ordinance to a second reading on December 8, 2015. OPTIONS: Move to approve with or without further amendments RECOMMENDED ACTION OR MOTION: Move to approve Ordinance No. 15-025. STAFF CONTACT: Martin Palaniuk, Planner ATTACHMENTS: 1) Ordinance No. 15-025 2) Staff Report CTA -2015-0005 3) PC Findings and Recommendation 4) Planning Commission Meeting Minutes: 8-27-15, 9-10-15, and 9-24-15 1of1 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 15-025 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTIONS 17.80.030 AND 17.90.010 RELATING TO ASSIGNMENT OF DEVELOPMENT APPLICATION CLASSIFICATION AND DECISION AND APPEAL AUTHORITY, AND OTHER MATTERS RELATING THERETO. WHEREAS, on September 25, 2007, the City of Spokane Valley (City) adopted Spokane Valley Municipal Code (SVMC) Title 17, pursuant to Ordinance 07-015; and WHEREAS, on October 28, 2007, SVMC Title 17 became effective; and WHEREAS, such regulations are authorized by RCW 36.70A; and WHEREAS, on August 4, 2015, the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106, providing a 60 -day notice of intent to adopt amendments to Spokane Valley development regulations; and WHEREAS, on August 21 and 28, 2015, notice of the Planning Commission public hearing was published in the Valley News Herald; and WHEREAS, on August 27, 2015, the Planning Commission held a study session; and WHEREAS, on September 10, 2015, the Planning Commission held a public hearing, received evidence, information, public testimony, and a staff report with a recommendation followed by deliberations; and WHEREAS, on September 24, 2015, the Planning Commission approved the findings and recommendations; and WHEREAS, on December 1, 2015, City Council reviewed the proposed amendments; and WHEREAS, the amendments set forth below are consistent with the goals and policies of the City's Comprehensive Plan; and WHEREAS, SVMC 17.80.030 and 17.90.010, as amended, bears a substantial relation to the public health, safety, welfare and protection of the environment. NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows: Section 1. Purpose. The purpose of this Ordinance is to make the SVMC consistent with the City's Shoreline Master Program by adding applicable shoreline permits to the permitting and appeal procedures set forth in SVMC 17.80. Section 2. Findings and Conclusions. The City Council acknowledges that the Planning Commission conducted appropriate investigation and study, held a public hearing on the proposed amendments and recommends approval of the amendments. The City Council has read and considered the Planning Commission's findings. The City Council hereby makes the following findings: Ordinance 15-025 Page 1 of 6 DRAFT A. Growth Management Act Policies - Washington State Growth Management Act (GMA) provides that each city shall adopt a comprehensive land use plan and development regulations that are consistent with and implement the comprehensive plan. B. City of Spokane Valley Goals and Policies - The City of Spokane Valley has adopted goals and policies consistent with the GMA and adopted County -Wide Planning Policies, set forth below. Chapter 8 - Natural Environment Element of the Comprehensive Plan includes the goals and policies of the Shoreline Master Program (SMP) as goals and policies of the Comprehensive Plan. The proposed amendments are consistent with the SMP as the goals and policies of the SMP are included as goals and policies of the Comprehensive Plan. The amendments are therefore consistent with the Comprehensive Plan. The amendments are consistent with the following Comprehensive Plan policies: Land Use Policy LUP-13.1: Maximize efficiency of the development review process by continuously evaluating the permitting process and modifying as appropriate. Economic Policy EDP -7.1: Evaluate, monitor and improve development standards to promote compatibility between adjacent land uses; and update permitting processes to ensure that they are equitable, cost-effective, and expeditious. Economic Policy EDP -7.2: Review development regulations periodically to ensure clarity, consistency and predictability. The amendments are consistent with the SMP where the purpose is to protect the public interest in the shoreline, preserve the natural character of the shoreline, advocate long term over short term benefit, protect the resources and ecology of the shoreline, increase public access to publicly owned shoreline areas, and increase public recreational opportunities in shoreline areas. For this reason the amendments bear a substantial relation to public health, safety, welfare, and protection of the environment. C. Conclusions The Shoreline Management Act requires that local governments amend their master program for regulation of uses of the shorelines of the state consistent with the required elements of the guidelines adopted by the Department of Ecology. The goals and policies of the SMP are considered an element of the City's Comprehensive Plan. Spokane Valley development regulations are intended to implement the City's Comprehensive Plan and therefore must be consistent with the Plan. The proposed text amendment is consistent with the City's Comprehensive Plan and the approval criteria pursuant to SVMC 17.80.150(F). The proposed City -initiated Code text amendments are consistent with the City's adopted Comprehensive Plan and the approval criteria pursuant to SVMC 17.80.150(F). Section 3. Amendment. Spokane Valley Municipal Code Section 17.80.030 is hereby amended as follows: 17.80.030 Assignment of development application classification. Ordinance 15-025 Page 2 of 6 DRAFT A. Assignment by Table. Land use and development applications shall be classified pursuant to the following table: Table 17.80-1 —Permit Type and Land Use Application Type Land Use and Development Application SVMC Cross - Reference Type I Accessory dwelling units 19.40.100 Administrative determinations by community development director, public works director, or building official Multiple Administrative exception 19.140 Administrative interpretation 17.50.010 Boundary line adjustments and eliminations 20.80 Building permits not subject to SEPA 21.20.040 Floodplain development 21.30 Grading permits 24.50 Home occupation permit 19.40.140 Shoreline letter of exemption 21.50 Minor modifications of development agreements 19.30.015(I) Record of survey to establish lots within a binding site plan 20.60.040 Right-of-way permits 22.130.100 Shoreline (dock 21.50 permit exemption permit) Site plan review 19.130 Temporary use permit 19.160 Time extensions for preliminary subdivision, short subdivision or binding site plan 20.30.060 Type II Alterations — Preliminary and final subdivisions, short subdivisions, binding site plans 20.50 Binding site plan — Preliminary and final 20.50 Binding site plan — Change of conditions 20.50 SEPA threshold determination 21.20.060 Shoreline conditional use permit 21.50 Shoreline nonconforming use or structure review 21.50 Shoreline substantial development permit 21.50 Shoreline variance 21.50 Short subdivision — Preliminary and final 20.30, 20.40 Preliminary short subdivision, binding site plan — Change of conditions 20.30 Wireless communication facilities 22.120 Type Conditional use permits 19.150 Ordinance 15-025 Page 3 of 6 DRAFT Table 17.80-1— Permit Type and Land Use Application Type Land Use and Development Application SVMC Cross - Reference III Planned residential developments 19.50 Plat vacation 20.70.020 Preliminary subdivision — Change of conditions 20.50 Subdivisions — Preliminary 20.30 Variance 19.170 Zoning map amendments (site-specific rezones) 19.30.030 Type N Annual Comprehensive Plan amendments (text and/or map) 17.80.140 Area -wide zoning map amendments 17.80.140 Development agreements associated with Comprehensive Plan amendments 17.80.140 Development code text amendments 17.80.150 B. Assignment by Director. Land use and development applications not defined in SVMC Table 17.80-1 shall be assigned a type by the director, unless exempt under SVMC 17.80.040. When one or more than one procedure may be appropriate, the process providing the greatest opportunity for public notice shall be followed. C. Shoreline letters of exemption, shoreline substantial development permits, shoreline conditional use permits, shoreline variances, and shoreline nonconforming use or structure review shall be processed pursuant to the procedures set forth in SVMC 17.80, subject to any additional or modified procedures provided in SVMC 21.50, including submittals, completeness review, notices, hearings, and decisions. Section 4. Amendment. Spokane Valley Municipal Code section 17.90.010 is hereby amended as follows: 17.90.010 General. A. Appeals and Jurisdiction. All final decisions shall be appealed to the authority set forth in SVMC Table 17.90-1. Specific procedures followed by the planning commission, hearing examiner, and city council are set forth in Appendix B. Ordinance 15-025 Page 4 of 6 DRAFT Table 17.90-1 — Decision/Appeal Authority Land Use and Development Decisions Appeal Authority Type I and II decisions Hearing examiner (SVMC 17.90.040); further appeal to superior court (Chapter 36.70C RCW) Building permits Hearing examiner (SVMC 17.90.040); further appeal to superior court (Chapter 36.70C RCW) Type III decisions except zoning map amendments Superior court (Chapter 36.70C RCW) Type III zoning map amendments City council (SVMC 17.90.070); further appeal to superior court (Chapter 36.70C RCW) Type IV decisions Superior court Matters subject to review pursuant to RCW 36.70A.020 Growth Management Hearing Board Shoreline development permitsShoreline substantial Shoreline Hearings Board (RCW 90.58.180) development permits, Shoreline conditional use permits, and Shoreline variances Compliance and enforcement decisions (Chapter 17.100 Appeal authorityHearinq Examiner (SVMC SVMC) 17.90.040); further appeal to superior court (Chapter 36.70C RCW) Notice and order of violation Hearing examiner 17.90.0/10); further (SVMC appeal to superior court Section 5 . Other sections unchanged. All other provisions of Title 17 SVMC not specifically referenced hereto shall remain in full force and effect. Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 7. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. Ordinance 15-025 Page 5 of 6 DRAFT Passed by the City Council this day of December 2015. ATTEST: Dean Grafos, Mayor Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 15-025 Page 6 of 6 Silcikane� jUalley COM (UNITY AND ECONOMIC DEVELOPMENT DEPARTMENT PLANNING DIVISION STAFF REPORT TO THE PLANNING COMMISSION (REVISED) CTA -2015-0005 STAFF REPORT DATE: September 3, 2015 HEARING DATE AND LOCATION: September 10, 2015, beginning at 6:00 p.m., Spokane Valley City Hall Council Chambers, Valley Redwood Plaza Building, 11707 East Sprague Avenue, Suite 101, Spokane Valley, Washington 99206. PROPOSAL DESCRIPTION: City -initiated Code Text Amendment to update Spokane Valley Municipal Code (SVIVIC) 17.80 Permit Processing Procedures, Table 17.80-1 — Permit Type and Land Use Application; SVMC 17.90 Appeals; SVMVIC 18.20 Hearing Examiner, Section 18.20.030 — Powers and Duties, SVMC Appendix A Definitions. The changes are designed to achieve consistency between the SVMC and the Shoreline Master Plan and to remove duplicative compliance and enforcement language. PROPONENT: City of Spokane Valley CommKlrii:. lk',:;ic1nlent Department, 11'707 E Sprague Ave_ Suite 106, Spokane Valley. WA 99206 APPROVAL CRITERIA: Spokane Valley tiivt- 1'P:Hi_i� ,;l .,illi " r,iil ", 1ti2i c l:;i1 ('i,.:l' (''.''.i( Title 17 General Provisions. SUMMARY OF RECOMMENDATION: Fcr‘1•:II`[i clic proposed a recommendation to approve. STAFF PLANNER: Martin Palaniuk, Planner, Community and Economic Development Department REVIEWED BY: Lori Barlow, AICP, Senior Planner, Community and Economic Development Department ATTACHMENTS: Exhibit 1: Proposed text amendment to SVMC Title 17, 18, and Appendix A A` BACKGROUND INFORMATION 1. APPLICATION PROCESSING: SVMC Chapter 17.80, Permit Processing Procedures. The following summarizes application procedures for the proposal. Process Date Pre -Application Meeting; N/A Application. Submitted: Determination of Completeness: SEPA Determination: Notified Department of Commerce: Published Notice of Public Hearing: Sent Notice of Public Hearing to staffiagel,cics• CTA -2015-0005 Frage 1 a' 4 DnAF°t geplmner 3. 2015 .Alik„ust 14. 2015 AIii,t 3, 2015 Aiif;oii 2 1SE 28, 2015 August 12, 2015 L';;'11"( It::?L1r't 'A-2 I) 14 2. 1'ie{}i'trL:41.13Ac k4;ncl[' I (,111 i cc,:ini?cr° 201,1 X .R.: City Coa1114-II approved Ordinance- No. 14-12i). Al:?lr1H. Cie Shelia in 'vla:.n:; I'regeini [ti:'=]I'i i1. >lc r to slilatnit the document to the Wash ineti7 St.ec in.;e:1r'n1Cn. l' (DOE) for review and appnn a]. On August 21 2015 DOE approved the c e.c', eini[ art eninctiec-1l,l1e I,°'Sari rr':Iie ; ?il ;i. The SVMC rrolisl be Modified to be consistent ni[I'1 tl-:e p'rnttr. procedures and dellnitiens contained in the updated SMP. 11 ill elated SMP contains a Definitions section '.villi k. c,, .l thrli tlri specific to thz SMP. Under (1 : I;ror:.:serl amendment, those words are rttiu}..cci 1rt1_1i t1.1•2 S'' MC Appendix. A Definitions. Words u: p]icable to both the updated SM ' al el (lie `51' 4`lremain in SVMC Appendix. A- Detinitions. These changes are reflected riee amendment to _Appendix :'i - Definitions. The updated SMP also identifies permit processes for several shoreline ]permits includinlr Clic shoreline letter of exemption, shoreline conditional use, shoreline stibstaiitral dev lol,l11eiwi. aril NII:?i C Iir1L- variance perrn.its. Permits are reviewed and approved based on their permit type classification iii SVIvIC 17.80. Permits an: classified as one of four permit types; Type I, 1.1, ILI, or IV. The review and approval process for each type of permit is different and becomes increasingly more complex. Tile proposed aniersdment classifies a shoreline letter of exemption as a Type 1 permit. Shoreline [neer, ,,1` ] ..L Luption are issued to a project or action exempt from a shoreline substantial c vti lu �ixrc nI permit. Projects are reviewed and conditioned administratively and in most cases s.tr1'Ievtto DOE review. Because the decision-tnakirtg authority is administrative and the DOE, review is limited, the appeal authority is the HEX. Tlie proposed rimendment classifies shoreline substantial development permit. shoreline variance, and shoreline conditional use permit as Type 11 permits. Shoreline Conditional Use permits will no longer be heard by the HEX with the charge reflected in the. amendment to SVMC elrarpter 18.20 Et sari n i, l.:xan-liner Powers and Duties. The rationale for this change is Haat the final review authority for a Shoreline Conditional Use permit is DOE. The City provides their local decisicln n fee. a public comment period and forwards it to DOE who holds the authority to deny. ninprove, or conditionally all approve the local decision. The HEX in this case adds an unnecessary layer to the permitting system without providing significant benefit to protecting the environment. SVMC chapter 21,517 i the Shoreline Master Plan which contains additional procedures that alxpl, :c ioniinc p„L.1 in it fieven•H tl]<91 >,rkividecl in S\'lvIC 17.81. Additionn1 1angu r c was .i!.14'd 11 `. VIC i 7 tit) to CLI lit '4.' additional. procedures are contained within the Si\lP .111,1 tvil< al e7 apply to the ell :i iiii. lee i ts. The proposed amendments will modify SVMC Titles 17, 18 and Appendix` A as follows; Appendix A Definitions, eliminate the following definitions as they are no longer accurate or contained within the definitions section of the SMP: 1. E.colcirical function, no net loss of; 2. Ecological functions or shoreline functions; 3. Landfill, shoreline; 4. Nor1 oi1l'urming nse- shoreline; 5. Ordinary high -w iter mark (OHAV 4) 6. Shoreline environment; 7. Shoreline protection; 8. Shoreline restoration: 9. Shoreline substantial development; 10. Water dependent; Page 2 of 4 SLa:l„ftcl,xr1 CIA -2015-0007 11. Water -re [ntcL!; [7. Water-reltltcd industry. 17.80.030, Table 1:780- I — Permit 'I'w pe e led I .and L! : Application: Add "I setter of rsclnptian" tiro ruric.”\L —Shoreline permit exemption (dock p'. iiit}'- from the Type 1 section of the. table: Add ''Set.>rel ince Conditional Use Pamir', `Shoreli -c' noncanLornling use or structure review., ;111a: "Shoreline variance"tvthe Type 11 section oi'rile table SVMC 17.80.030(C) was added to clarify that additional or modified procedure provided in SVMC 21.50 may apply. SVMC 17.90 Tattle 17.40-1 Decision/Appeal Authority was modified to specify the shoreline permits that are appealed to the Shoreline Hearings Board. Compliance and enforcement Language was modified. SVMC 18.20.030 Powers and Duties: Eliminate "Conditional use permits and variances under the shoreline roaster program" from the matters the hearing examiner will hear and add "shoreline letter of exemption appeals". B. FINDINGS AND CONCLUSIONS SPECIFIC To THE MUNICIPAL CODE TEXT AMENDMENT 1. Compliance with Title 17 (General Provisiolns) of the Spokane Valley Municipal Code a. Findings: SVMC 17.S0.150(F) Municipal Cud Text :amendment Approval ('iiicria 1. The City may approve `Vlirilicipall C role [ext amendment, il' ii I:I;ry•; rl7at (1) The proposed text amendin<;1.i iti con Lsicnt with the ap7li. iN_• [}rc.vi;ions ol'tlit; Comprehensive Plan; Staff Analy5i:s: Clianit.r 8 - Natural h Lvar i.nicrii 1 lc:n ll or 111L Plan incl.I;ja' t:l 1:, and policies of the Sltor'cl AU. M:i h r Pio :,r,'i policies of illi Comprehensive e flan, The atitcnilmeiii°� arc con.,iteni '.with the `.tl' ,tnci hcealtsc tl'.e r'r":Lls and policies or the sil,'1 I' .Lr 1 ftoeLI TT; F.,,Elr, .:rail pa Elicit; ,;!` the Comprehensive flan they are therefore consistent with l oth. (2) The proposed amend-lroenl bears a substantial relation to [7.:: iiti 11 c:ilth. tilt tV . welfare, and protection o[-thv: environment; Staff :'In:tivdis: The amendments clr consistent with tri& S ii, t:[in i.i iL : i'r c1,r.f1"1 tivhnsc 1Jurpu..:e is to protect the public interest in the shorc.iinc. pr2s4T.A.: ilt Ilalitral Cllr.lracier. orthc ti'HorclII1e, iidv'oi.:tite long term (wcr shoat lt'L"111 I}cuuI1i. picioct the resources and Cc.,rl,>w:v uithc pular [> owned shoreline reline r[rezL , .1i1d increase public rccrL•ati[tital opp..:rt.Lniii_s in shorcline areas. Far this reason 111 ' :ir1`L'l tlrncnts 1icar a substantial relaticwn (b: public health, safety, welflr'C, and prch._',:iioii f`t IIiL' Criviron n. nt. b. Conclusion(s): -Tic }proposed text amendment is consistent ~vitt, the d[111:L}".•Lil i:rii.'!-i;l t.clrlt,.i.1c l tri [It S\'N1C_ 2. Finding, and Conclusions Specific to Public Comments a. Findings: No pul'l(fate. b. Conclusioii(.M:: r:q1:: 3 of 4 Staff Report CTA -2015-0005 Public noticing has not leen initialed for CTA-2Ol5-OOD5 as of the date of this report. 3. Finding and Conclusions Specific to Agency Comments a. Findings: No agency comments have been received to date. b_ Conclusion(s): C. OVERALL CONCLUSION The proposed code text amendment is consistent with the Comprehensive Plans policies and goals. D. STAFF RECOMMENDATION Forward the proposed amendment to Citi Council with a recommendation to approve. FiNDiNGf:S AN13 1FfCOMMENDATIONS OF THE SPOKANE VAl.1.kY 1'l.ANNt.G COMMISSION FOR CTA -2915-0005 Sevilla 24, 2(115 These findings are consistent with the Planning Commission's decision to recommend approval. Background: 1. Spokane Valley development regulations were adopted in Sept•: iter .;QQ7 aNrl fie me effective on October 28, 2007. _ CTA -2015-4005 is a City-initin(.rJ C'i;c1t;'I'c .1 Arricrtr'.tnci"11 to t!pdate Spode: ii V4r11c.. t'lrrr, i„ .i. Code (SVMC) 17.80 Permit Processing Procedures, Table 17.80-1 — Porlrrit I ypc .tnc! Land Use Application; SVMC 17.90 Appeals; SVMC 18.20 Hearing F.N,mincr. Se':;.i+,Ir .1i:1.f ,r} Powers and duties SVMC Appendix A — Definitions, The changes are Lk,Sij:r1!1 to :i::).'!'.`r' we,nsisler,cy between the SVMC and the Shoreline. Master Program. The Planning Commission held a public hearing and conducted dcl:l,cr.rtrris :1n ~ E..:• -ember 10, 2015. Planning Commission voted 6-0 to I eL IIII]i ]1cl approval to City Council. PlannrnRz C'ornmission. Findings: 1. Curiaal+iLjaez' IVitb SV'\l%: 17.130.150E Approval Cr'iter'ia a. TIT.- I,; -:7I,4..::(1 i ir,; initiated code text am :nc.:nt Int is cor is'Icn1. wirli the applicable provisions of the Findi g(si: Cha0,r 5 :'atr,1. 1.irw ironment Elernc;nt of the Comprehensive Plan includes the goals and policies of the S}:r,r°c lir1._` \1 2r Program (Sv1P) u goal; and policies of the Comprehensive Plan, The p:-oposed amend T1, ni:;}11L tiL J ..tent .'chit the SMP trs the goals and policies of Elie SNI are irlclu~icel a,, goals and policies ,>f'the Plan. _I,..ie antentilllents arc therefore consistent with the Comprehensive Plan. '1 he amend:tu-ills are consistent with the following Comprehensive Plan po11cies: Land F. Policv'_I.t.1.: l i.aximizo efficiency of the development review process by continuously evaluating the permitting process and modifying as appropriate. Economic Policy E1:7P-7.1: 17valr.latc. monitor and improve development standards to promote compatibility between adjacent land uses; and update permitting processes to ensure that they are equitable, cost-effective, and expeditious. Economic Policy EDP -7.2: Review development regulations periodically to ensure clarity, consistency and predictability. b. The proposed City -initiated amendment bears a substantial relation to public health, safety, welfare, and protection of the environment. Finding(s): The aniendn c ilk. ^rc c: nsi:;rc i1 with ill: iii, r i[11' Master Program whore the purpose is 1;7 prole cl the public: 4rtcre,1 in Lau shore1 11r:. the nati1:a1 character of the shoreline, 1.idvo2r1L OVer short protcc.t tilt: i'r:Soi.i:':.it 'Lentil eco[Ogy of the shoreline, lncrk'{t k. public .'_c'. ''_ ; to publicly owl Lc1 shorelinc areas. and i:!L'rk....;:st nu 11 recreational opportunities in snoreiinc arc;:s. For this reasoIi iimei11111... 1.ts peal' 111.1 [uItrt1rr In public health, safety, Welfare, and protection of the envirelninem. [-'incline rli:,• Pagel of 2. Conclusion(s): a) Tile Simi I nu. Aez 2.",..ct stipulates local rovf....prnis amend their master program for vcgulation of u.se, o I Ow shorelines o •.vith the requited elements of the guidelncs adopt! he 1 )ei iarment of Ecolo[.!y, 1)) The coals cow.; idered an element of the City's Comprehensive Plan. c) SpDkan iI•-,LIt)pc ILE-!t ore designed to implement the City's Comprehensive Map tlierelo.:e must be ycith 1:7'0 KIM d) The proposcd tx.t amendinout ,Nit it the City's Comprehensive Plan and the approval critclia contained iIL ' 1 7 O. :--,(1( 1), Reeouthiendations: "rho Spokane Val icy Commission th,23-efore recommends City Council adopt the prepOSed :':-VM1‘ 1 Permit i l' roG;::dureS, Table 1 7.SO-I Permit Type and Land Use S 7,90 Appeals; 1\•IC 1•;.:11.03 0 — Powers and Duties; SVMC Appendix A — Dcfinitions. Approved this 2411 day of September, 2015 7 Joe Sty, Chairman A-11ff Srl. - • - Dt-riimil Horton, Ass isinnt Findings awl 1-L•p_olinsicri_Lilio•ns attic Spokane Valley Planning Commission - CFA -2015-00S Page cit"2 Chairman Stoy called pledge of allegiance. Kevin Anderson Heather Graham Tim Kelley Mike Phillips Susan Scott Joe Stoy Sam Wood the Ms_ M inutes Spokane Valley Planning Commission Council Chambers — City Hall, August 27, 2015 meeting to order at 6;00 p.m. Commissioners, staff and audience stood for the Heath took roll and the following members and staff were present: Cary Driskell, City Attorney Marty Palaniuk, Planner Deanna Horton, Administrative Assistant Elisha Heath, Secretary of the Commission Commissioner Wood moved to approve the August 27, 2015 agenda. The vote on the motion wins seven in favor, zero against, the ,motion passes. Courrriissian 'r Wood moved to .accept the July 9, 2015 minutes as presented. The Cononissian approved minutes ii+ifii a vote on the motion cfseven irr favor., zero agairasf. COMMISSION REPORTS: Commissioner Kelley reported he attended the Traders Club Meetings. Commissioner Wood attended the Painted Hills Preservation Association meeting, as well as the Spokane Home Builders Association Government Affairs Meeting. The other Commissioners had no reports. ADMINISTRATIVE PORT; Planner Marty Palaniuk reported the Shoreline Master Program (SMP) has been approved by the Department of Ecology and will take effect September 4, 2015, October 1, 2015 the city of Rockford is holding a short course on local planning 6:00 p.rn. - 9:O0 p.rn, at the Rockford Council Chambers. PUBLIC COMMENT: There was no public comment. COMMISSION BUSINESS: Study Session CTA -2015-0005 Proposed Amendment to Spokane Valley Municipal Code (SVrs1C) Chapter 17.30 Permit Processing Procedures, Table 17,80-1 — Permit 'type and Land Use Application; SVMC Chapter 18.20 Hearing Examiner, Section 18.20.030 -- Powers and Duties; SVMC Appendix A, Definitions. Planner Marty Palaniuk gave a presentation to the Comrrrissiott outlining the proposed amendments to SVMC l7.80 Permit Processing Procedures, Table 17.80-1 Permit Type and Land Use Application; SVMC Chapter 18.20 Hearing Examiner, Section 18.20.030 Powers and Duties; SV1' 1C Appendix A, Definitions, These are amendments to the SVMC to provide consistency and reflect changes in the SMP. There is some code compliance housekeeping included in this amendment. Within Appendix A staff deleted the shoreline specific definitions from the development code, [f one of the definitions were to change stafiwould only need to update one document. Mr. Palaniuk listed the definitions that had been deleted. The proposed amendment will also modify Chapter 17.80, Table 17.80-], which is atable of all the permits the City processes, and clarifies what type of permit applies to each land use application. The SMF establishes the process for the following permits: a shoreline letter of exemption; a shoreline conditional use permit; a shoreline variance; and a substantial development permit, Additional language will be added to the end of this section to call out any procedures and processes within the SMP that may also apply to the permit. Within the table: • added a shoreline letter of exemption; + deleted shoreline permit exemption, a dock permit; • added a shoreline conditional use permit, a shoreline nonconforming use/structure review, and shoreline variance to the table in Type El permits. 08-27-I5 Planning Commission Minutes Paget oft in Section C if anything in the SMP applies to a specific permit as far as processing then that protocol will be followed One area would be under decision, when one of these permits is issued it is subject to Department of Ecology review. The amendment will also modify Chapter 17.90 Decision and Appeals which calls cut to whom the shoreline permits will be appealed. There are proposed changes to the code enforcement section. Commissioner Stoy asked if the Shoreline Hearing Board is the Hearing Examiner or if it is a different entity. Mr, Palaniuk replied that it is a different entity. The amendment calls out the specific permits that will be reviewed by the Shoreline Hearing Board, This amendment also modifies SVMC l 13.20.030 Powers and Duties of the Hearing Examiner_ Staff removed the conditional use permits from the SMP from matters that the Hearing Examiner will hear and add shoreline letter of exemption. Commissioner Kelley asked if the approval authority far a permit is determined by type; is this information from an old or new procedure. Mr, Palaniuk replied the approvals are the way it is right now and will remain the same. The addition of Shoreline Permits to Type [1 is the only change. Mt. Kelley asked if these permits will be approved by the Department. Mr. Palaniuk stated that is correct but any shoreline permit will req Hirt Department of Ecology review and they have the opportunity to return it to the City or approve it. Commissioner Wood inquired about the logic behind the Hearing Examiner no longer hearing shoreline conditional use permits and variances under the shoreline master program. , Originally the Hearing Examiner under the former SMP heard shoreline conditional use permits- It was decided that a public hearing was not required far that approval since it gees through the Department and then ' n to Department of Ecology, which has a public comment section. Mr. Driskell stated this was done to streamline the process, and not duplicate the process. Mr. Wood clarified the Hearing Examiner's decision on conditional use permits would not be binding because Department of Ecology could change that ruling, Mr. Wood asked for clarification of administrative approval and department approval. Mr. Palaniuk clarified that administrative approval would be done with the Senior Planner and Department approval would be done by the Department Director. Commissioner Graham asked about when the opportunity was for public comment period un shoreline conditional use permits. Mr. Palaniuk responded a notification is placed in the official newspaper. Commissioner Stoy asked why the Hearing Examiner would need to hear the appeal of a building permit. Mr. Driskell clarified citizens tieed to have the ability to appeal the determination or issuance of a building permit if they felt it was issued in error or they are opposed to the building, they need an avenue to challenge it. . They would appeal that to the Hearing Examiner and they could appeal the Hearing Examiner's decision to Superior Court. Commissioner Anderson asked if it was possible to recommend approval of the amendment tonight since it is housekeeping issue. Mr. Palaniuk clarified that it is a proposed amendment to the SVMC which requires a public hearing; it could not be moved forward then. The public hearing Inas been noticed for September 14, Mr. Driskel] further clarified the need to follow the stated process. Commissioner Wood asked if the condition.use permits outside the SMP will still be heard by the Hearing Examiner. Mr. Palaniuk stated this portion of the SVMC is not being changed. GOOD OF THE ORDER: Nothing presented. ADJOURNMENT: There being no other business the meeting was adjourned at 6:30 p.m. Elisha Heath, Secretary L . � k.0 r j bate signed 05-27-15 Planning Commission Minutes Pap 2 of Minutes Spokane Valley Planning Commission Connell Chambers — City Hall, September 10, 2015 Chairman Stoy called themeeting to order at 6:00 pan. Commissioners, staff and audience stood for the pledge of allegiance, Ms. Heath took roll and the following members and staff were present: Kevin Anderson Heather Graham, absent excused Tim Kelley Mike Phillips Susan Scott 1ve Stoy Sam Wood Erick Lamb City Attorney Lori Barlow, Senior Planner Marty Pa]aniuk, Planner Elisha Heath, Secretary of the Commission Hearing no objections, Commissioner Graham [Pas exced from the meeting, Comanissionc, moved to approve the September 10, 2015 agenda. The vote on the motion twos .sit in favor- the motion passes, Commissioner Anderson moved to accept the August 27, 2015 minutes as presented. The Co;::nri5.,ron approved minutes with a vote on the motion of six in favor, zero against. COMMISSION REPORTS: Commissioner Kelley reported he attended the Traders Club Meetings. Commissioner Wood attended the Spokane Horne Builders Association Government Affairs Meeting. The other Commissioners had no reports. ADMINISTRATIVE REPOUT: Senior Planner Lori Barlow reported the Shoreline Master Program (SMP) became effective September 3, 2015. Octcher 1, 2015 the city of Rockford is holding a short course on local planning 6:00 p.m. - 4:U0 p.m. at the Rockford. Council Chambers. PUBLIC COMMENT: Dan Paveli.clt, 4311 S. Madison Road: Mr, Pavelich stated his residence is adjacent to the former Painted Hills Golf Course and he is not a resident of Spokane Valley, rather Spokane County within the 400 foot buffer for the proposed development. He stated that he wanted to attend to become familiar with the Planning Commission members. Mr. Pavelich thanked Ms. Barlow, staff and others at the City for cooperation extended to his gr+aup when requesting a significant amount of information. He thanked the members of the Planning Com mission for their service to the City. COMMISSION BUSINESS: Public Hearing: CTA -2015.0005 Proposed Amendment to Spokane Valley Municipal Code (SVMC) Chapter 11.80 Permit Processing Procedures, Table 17.80-1 — Permit Type and Land Use Application; SVMC Chapter 1820 Hearing Examiner, Section 18.20.030 — Powers and Duties; SVMC Appendix A, Definitions. Chairman Stay opened the Public Hearing at 6:11 p.m. Planner Marty Palaniuk gave a presentation to the Commission outlining the proposed amendments to SVMC 17.80 Permit Processing Procedures, Table 17.30-1 Permit Type and Land Use Application; SVIviC Chapter 18.20 Hearing Examiner, Section 18.20.030 Powers and Duties; SVMC Appendix. A, Definitions. Amend the SVMC to provide consistency with the newly adopted 09-.10-L5 Planning Commission .gi.nui,:s Page 1 of "+ Shoreline Maser Program (SMP). There are also Some code compliance housekeeping items included in this amendment. Within Appendix A staff deleted the shoreline specific definitions from the development code. eerie of the definitions were to change staff would °illy need to update one document. Mr. Palaniuk listed the definitions that had been deleted, The proposed amendment will also modify Table 17.80-1, which is a table of all the permits the City processes, and clarifies what type of permit applies to each land use application. The SMP establishes the process for the following permits: a shoreline letter of exemption; a shoreline e+enditiunal use permit; a shoreline variance; and a substantial development permit. Additional language is proposed to be added to the end of Chapter 17.80 to call gat any procedures and processes within the SMP that may also apply to the permit. Within the table: + added a shoreline letter of exemption; • deleted shoreline permit exemption, a dock permit; ▪ added a Shoreline conditional use permit, a shoreline nonconforming use/structure review, and shoreline variance to the table in Type 11 permits. In Section C Mr. Palaniuk highlighted the additional language which clarifies if anything in the SMP applies to a specific permit as far as processing then that protocol will be followed. The amendment will also modify Chapter 17,90 Decision and Appeals authority which calls out that the shoreline permits will be appealed to the Shoreline Hearings Board. Commissioner Woad asked for clarification of the Shoreline Hearing Board. Ms. Barlow stated that the Shoreline Hearing Board is a state appointed board. Mr. Lamb further explained that the SMP is a state mandate with Strict guidelines to follow including using the Shireline Hearing Board as the appeal authority. It is composed of three permanent Shoreline Hearing Board employees, members of the Association of Counties, Association of Washington Cities and the Commissioner of Public Lands. Commission Wood asked if the Hearing Examiner was previously the appeal authority. Mr. Lamb explained that the Code previously identified the Shoreline Hearing Board; the proposed change is a change to shoreline perrnits in the SMP. Commissioner Wood asked if shoreline permit appeal decisions would be made regionally and riot locally. Ms. Barlow clarified that the appeals have always gone to the Shoreline I-iearings Board and will continue to do so. Powers and Duties of the Hearing Examiner previously included conditional use permits and variance permits. They will now be administratively reviewed by the Department followed by Department of Ecology. The addition of shoreline letter of exemption, appeal to the duties of the Hearing Examiner. Ma Palaniuk clarified that the Hearing Examiner will be hearing appeals of shoreline letters ofexemption, and not making the decision on shoreline letters of exemption. Chairman Stoy opened the floor to public comment, hearing none the Public Hearing was closed at 6:25 p.m. Commissioner Anderson moved to approve CTA-2015-0005 Amendment to Spokane Valley Municipal Code (SVhfC) Chapter 17.80 Permit Processing Procedures, Table 17.80-1— Permit Type and Land Use Application; SVMC Chapter 18.20 Hearing Exwrairaer, Section '&20.030 — Powers and Duties; SVMC Appendix A, Definitions, as presented. Motion seconded and opened for discussion. Commissioner Wood stated that he prefers for things done in the community to he approved by us and not the state. He asked for verification that the process was required by state law, and that it can't he changed. Mr. Lamb stated that is correct. Chairman Stoy reminded the Commission that the decision which is going to the state level is an appeal not the issuing of the permit. Ms. Barlow further expanded on who might file an appeal to a decision on a permit. Commissioner Anderson asked for clarification that the only change from Study Session to current presentation was the addition of the word appeals in SVMC 18.20 "Shoreline letter of exemption appeals". Mr. Palaniuk stated yes and he expanded that the additional text in the staff report was io provide more explanation. Chairman Stny called for the vole on the motion was six in favor, zero against, the motion passes_ Page 2 or3 09-10-15 Planning Commission Minutes LOUD OF TT{I ORDER: Nothing presented. ADJOURNMENT. There [lei ng CIO other business the meeting was adjoin -fled at 6:30 p.m., Jae Stay, C irpersoDate signed Elisha Heath, Secretary 09-I0-15 Planning Curnmission 1+finutas Page 3of3 APPROVED Minutes Spokane Valley Planning Commission Council Chambers — City Hall, September 24, 2015 Chairman Stoy called the meting to order at 6:DO p.m. Commissioners, staff and audience shod for the i i 11 e of allegiance. Ms. Heath took roll and the following members and staff were present: Kevin Anderson 1(entlier Graham i tin Kelley Mike Phillips Susan Scott Joe Stoy Sam. Wood Erik Lamb City Attorney Lori Barlow, Senior Planner Elisha Heath, Secretary of the Commission Commissioner Anderson moved to approve the amended September- 24, 2015 agenda as prese„t&d. The vote on the motion lives seven its favor, zero against, the motion pusses, Commissioner Anderson moved to accept the September 10, 2015 mbtrates as presented, The Cartrrrrissiort approved minutes with a vole on the motion of severs it/favor, sera against. COIIrINIISSION REPORTS: Commissioner Kelley reported he attended the Traders Club Meeting. The other Commissioners had no reports. ADMINISTRATIVE REPORT; Senior Planner Lori Barlow reported staff will update City Council on the Comprehensive Plan Update at the October b`s' City Council meeting. Deputy City Attorney Erik Lamb explained the amendment to the agenda removed the study session for CIA -20[5-0006 due to the Washington State Liquor and Cannabis Board released rules, including emergency rules, which need to be included in the study session. PUBLIC COMMENT: No public comments. COMMESSION BUSINESS: Planning Commission Findings: CTA -21115-O005 Proposed Amendments to Spokane Valley Municipal Code (SVMC) Chapter 17.84 Permit Processing Procedures, Table 17.50-1 — Permit Type and Land Use Application; 5Vi1RIC 18.20.034 - Hearing Examiner Powers and Duties; SVMC Appendix A, Definitions, Commissioner Anderson raroved to approve the findings of fact for CTA -2015-0005 Amendment to SMC Chapter 17„80, Table 17.80-! — Permit Type and Land Use Application; SVMC 18.24.030 — Hearing Examiner Powers and Duties; SVMC Appendix A, Defttrtiorts, as presented. The vote was sever? in fa-wor; zero against, the ?notion passes. GOOD OF THE ORDER: Commissioner Phillips inquired about the Comprehensive Plan being complete by the end of 4ecember 2015. Ms. Barlow replied that the Comprehensive Plan would likely not be completed by the cr_c of the year since the population allocation number has not been received from Spokane County, which is needed to move forward. Commissioner Anderson asked how many of the chapters in the Comprehensive Han are affected by the population allocation number. Ms, Barlow stated that the population allocation was critical for the Land Use Plan, the Capital Facilities Flan as well as Transportation Element. Staff is working on several of the chapters while waiting for the population allocation. C9-24-15 Planning Commission Miinutos Page 1 of 2 Commissioner Wood inquired about the reason for the delay on the papulation allocation number. Mr. Lamb explained the County established a number several years ago, however they were challenged because of how high the number was. Ultimately, the County ended up losing the challenge in appeals court which required them to redo tote process. Commissioner Wood asked if the City would establish the population allocation number independently. Mr, Lamb stated no, that the County is mandated to establish the number. ADJOURN NT: There being no other business the meeting was adjourned at 6:16 p.m. J Stoy, C airpersa7 .1,..44NOISS-eC24L Elisha Heath, Secretary in I.:7. 7 7! C Date signed 09-24-15 Planning Cormeiss'sn : Minutes Page 2 mf? CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 15, 2015 Item: Check all that apply: ❑ consent ❑ information Department Director Approval ❑ old business ® new business ❑ public hearing ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Second Reading Proposed Ordinance No. 15-026 amending Spokane Valley Municipal Code Title 18 GOVERNING LEGISLATION: RCW 36.70A.106, SVMC 17.80.150 and 19.30.040 PREVIOUS ACTION TAKEN: 1st Reading December 8, 2015 BACKGROUND: On December 9, 2014, the City Council approved Ordinance No. 14-020, adopting the Shoreline Master Program (SMP) in order to submit the document to the Department of Ecology for review and approval. The Department of Ecology approved the document on August 21, 2015 and it became effective September 3, 2015. The process for City Council to adopt the final SMP by Ordinance No. 15-024 is underway and should be completed by December 15th. The new SMP contains procedural changes and definitions that are not consistent with the current SVMC. CTA -2015-0005 corrects the inconsistencies with the following changes: 1. Identifies, establishes and revises permit types and processes for shoreline permits; 2. Clarifies the appeal authority for shoreline permits; 3. Addresses minor code compliance housekeeping items; 4. Removes Shoreline Conditional Use permits from the matters heard by the Hearing Examiner; and 5. Modifies or eliminates definitions in SVMC — Appendix A that are inconsistent with the SMP. Ordinance No. 15-026 accomplishes item 4 above. The Planning Commission held a public hearing on the amendments on September 10, 2015. Following public testimony and deliberation, the Planning Commission voted 7-0 to forward the amendments to City Council with a recommendation to approve. City Council moved the ordinance to a second reading on December 8, 2015 OPTIONS: Move to approve with or without further amendments RECOMMENDED ACTION OR MOTION: Move to approve Ordinance No. 15-026. STAFF CONTACT: Martin Palaniuk, Planner ATTACHMENTS: 1. Ordinance No. 15-026 2. As provided with Ordinance # 15-025 1 of 1 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 15-026 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTION 18.20.030 RELATING TO HEARING EXAMINER POWERS AND DUTIES, AND OTHER MATTERS RELATING THERETO. WHEREAS, on September 25, 2007, the City of Spokane Valley (City) adopted Spokane Valley Municipal Code (SVMC) Title 18, pursuant to Ordinance 07-015; and WHEREAS, on October 28, 2007, SVMC Title 18 became effective; and WHEREAS, such regulations are authorized by RCW 36.70A; and WHEREAS, on August 4, 2015, the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106, providing a 60 -day notice of intent to adopt amendments to Spokane Valley development regulations; and WHEREAS, on August 21 and 28, 2015, notice of the Planning Commission public hearing was published in the Valley News Herald; and WHEREAS, on August 27, 2015, the Planning Commission held a study session; and WHEREAS, on September 10, 2015, the Planning Commission held a public hearing, received evidence, information, public testimony, and a staff report with a recommendation followed by deliberations; and WHEREAS, on September 24, 2015, the Planning Commission approved the findings and recommendations; and WHEREAS, on December 1, 2015, City Council reviewed the proposed amendments; and WHEREAS, the amendments set forth below are consistent with the goals and policies of the City's Comprehensive Plan; and WHEREAS, SVMC 18.20.030, as amended, bears a substantial relation to the public health, safety, welfare and protection of the environment. NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows: Section 1. Purpose. The purpose of this Ordinance is to amend Title 18 SVMC by removing shoreline conditional use permits and variances under the Shoreline Master Program from matters heard by the Hearing Examiner and adding shoreline letter of exemption appeals to matters heard by the Hearing Examiner Section 2. Findings and Conclusions. The City Council acknowledges that the Planning Commission conducted appropriate investigation and study, held a public hearing on the proposed amendments and recommends approval of the amendments. The City Council has read and considered the Planning Commission's findings. The City Council hereby makes the following findings: Ordinance 15-026 Page 1 of 4 DRAFT A. Growth Management Act Policies - Washington State Growth Management Act (GMA) provides that each city shall adopt a comprehensive land use plan and development regulations that are consistent with and implement the comprehensive plan. B. City of Spokane Valley Goals and Policies - The City of Spokane Valley has adopted goals and policies consistent with the GMA and adopted County -Wide Planning Policies, set forth below. Chapter 8 - Natural Environment Element of the Comprehensive Plan includes the goals and policies of the Shoreline Master Program (SMP) as goals and policies of the Comprehensive Plan. The proposed amendments are consistent with the SMP as the goals and policies of the SMP are included as goals and policies of the Comprehensive Plan. The amendments are therefore consistent with the Comprehensive Plan. The amendments are consistent with the following Comprehensive Plan policies: Land Use Policy LUP-13.1: Maximize efficiency of the development review process by continuously evaluating the permitting process and modifying as appropriate. Economic Policy EDP -7.1: Evaluate, monitor and improve development standards to promote compatibility between adjacent land uses; and update permitting processes to ensure that they are equitable, cost-effective, and expeditious. Economic Policy EDP -7.2: Review development regulations periodically to ensure clarity, consistency and predictability. The amendments are consistent with the SMP where the purpose is to protect the public interest in the shoreline, preserve the natural character of the shoreline, advocate long term over short term benefit, protect the resources and ecology of the shoreline, increase public access to publicly owned shoreline areas, and increase public recreational opportunities in shoreline areas. For this reason the amendments bear a substantial relation to public health, safety, welfare, and protection of the environment. C. Conclusions The Shoreline Management Act requires that local governments amend their master program for regulation of uses of the shorelines of the state consistent with the required elements of the guidelines adopted by the Department of Ecology. The goals and policies of the SMP are considered an element of the City's Comprehensive Plan. Spokane Valley development regulations are intended to implement the City's Comprehensive Plan and therefore must be consistent with the Plan. The proposed text amendment is consistent with the City's Comprehensive Plan and the approval criteria pursuant to SVMC 17.80.150(F). The proposed City -initiated Code text amendments are consistent with the City's adopted Comprehensive Plan and the approval criteria pursuant to SVMC 17.80.150(F). Section 3. Amendment. Spokane Valley Municipal Code section 18.20.030 is hereby amended as follows: Ordinance 15-026 Page 2 of 4 DRAFT 18.20.030 Powers and duties. A. The hearing examiner shall be under the administrative supervision of the city manager. B. The hearing examiner shall have the following powers and duties: 1. Annually provide a written report to the city manager, city council and director of the community development department that states the number and type of hearings conducted and decisions issued during the past year, the outcome of such decisions, recommendations for improving the hearing examiner system, and pertinent observations and recommendations regarding land use policies and development regulations. 2. Upon request, meet with the city manager, city council or director of community development department to discuss the written report. 3. Receive and examine available information, make site visits, take official notice of matters, conduct public hearings, prepare a record thereof, and enter findings, decisions or recommendations. 4. As a part of the conduct of public hearings, the hearing examiner shall have the authority to: a. Conduct pre -hearing conferences; b. Require the submittal of information; c. Schedule and continue hearings; d. Rule on all evidentiary and procedural matters, including motions and objections appropriate to the proceedings; e. Receive evidence and cause preparation of the record; f. Regulate the course of hearings and the conduct of the parties and their agents; g. Maintain order during the hearing process; h. Render decisions and issue written findings and conclusions; i. Include in a decision the conditions of approval necessary to ensure that the application complies with the applicable criteria for its approval; and j. Revoke any approval for failure to comply with the conditions imposed by the hearing examiner where specifically authorized by the UDC or state law. 5. The hearing examiner shall hear the following matters: a. Variances; b. Conditional use permits; c. Special use permits; d. Shoreline letter of exemption appealsConditional use permits and variances under the shoreline master program; Ordinance 15-026 Page 3 of 4 DRAFT e. Preliminary plats; f. Appeals from any administrative decision of the department of community development or the building official in the administration or enforcement of the Spokane Valley Uniform Development Code or other land use code or regulation; g. Appeals on State Environmental Policy Act (SEPA) determinations; h. Site-specific zone changes of property, including any environmental determination (under SEPA); i. Planned unit developments, including any environmental determination (under SEPA); and j. Any other applications or appeals that the city council may refer by motion or ordinance, specifically declaring that the decision of the hearing examiner can be appealed to the city council. 6. All hearings before the hearing examiner shall be scheduled and conducted in the manner set forth in Appendix B. 7. Appeals of any decision of the hearing examiner shall be as is set forth in Chapter 17.90 Section 4 . Other sections unchanged. All other provisions of Title 18 SVMC not specifically referenced hereto shall remain in full force and effect. Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 6. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. Passed by the City Council this day of December 2015. ATTEST: Mayor, Dean Grafos, Mayor Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 15-026 Page 4 of 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 15, 2015 Item: Check all that apply: ❑ consent ❑ information Department Director Approval ❑ old business ® new business ❑ public hearing ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Second Reading Proposed Ordinance No. 15-027 amending Spokane Valley Municipal Code Appendix A. GOVERNING LEGISLATION: RCW 36.70A.106, SVMC 17.80.150 and 19.30.040 PREVIOUS ACTION TAKEN: 1st Reading December 8, 2015 BACKGROUND: On December 9, 2014, the City Council approved Ordinance No. 14-020, adopting the Shoreline Master Program (SMP) in order to submit the document to the Department of Ecology for review and approval. The Department of Ecology approved the document on August 21, 2015 and it became effective September 3, 2015. The process for City Council to adopt the final SMP by Ordinance No. 15-024 is underway and should be completed by December 15th. The new SMP contains procedural changes and definitions that are not consistent with the current SVMC. CTA -2015-0005 corrects the inconsistencies with the following changes: 1. Identifies, establishes and revises permit types and processes for shoreline permits; 2. Clarifies the appeal authority for shoreline permits; 3. Addresses minor code compliance housekeeping items; 4. Removes Shoreline Conditional Use permits from the matters heard by the Hearing Examiner; and 5. Modifies or eliminates definitions in SVMC — Appendix A that are inconsistent with the SMP; Ordinance No. 15-027 accomplishes item 5 above. The Planning Commission held a public hearing on the amendments on September 10, 2015. Following public testimony and deliberation, the Planning Commission voted 7-0 to forward the amendments to City Council with a recommendation to approve. City Council moved the ordinance to a second reading December 8, 2015. OPTIONS: Move to approve the ordinance with or without further amendments RECOMMENDED ACTION OR MOTION: Move to approve Ordinance No. 15-027. STAFF CONTACT: Martin Palaniuk, Planner ATTACHMENTS: 1. Ordinance No. 15-027 2. Appendix A with changes 3. As provided with Ordinance #15-025 1 of 1 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 15-027 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE APPENDIX A RELATING TO DEFINITIONS SPECIFIC TO THE SHORELINE MASTER PROGRAM, AND OTHER MATTERS RELATING THERETO. WHEREAS, on September 25, 2007, the City of Spokane Valley (City) adopted Spokane Valley Municipal Code (SVMC) Appendix A, pursuant to Ordinance 07-015; and WHEREAS, on October 28, 2007, SVMC Appendix A became effective; and WHEREAS, such regulations are authorized by RCW 36.70A; and WHEREAS, on August 4, 2015, the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106, providing a 60 -day notice of intent to adopt amendments to Spokane Valley development regulations; and WHEREAS, on August 21 and 28, 2015, notice of the Planning Commission public hearing was published in the Valley News Herald; and WHEREAS, on August 27, 2015, the Planning Commission held a study session; and WHEREAS, on September 10, 2015, the Planning Commission held a public hearing, received evidence, information, public testimony, and a staff report with a recommendation followed by deliberations; and WHEREAS, on September 24, 2015, the Planning Commission approved the findings and recommendations; and WHEREAS, on December 1, 2015, City Council reviewed the proposed amendments; and WHEREAS, the amendment set forth below is consistent with the goals and policies of the City's Comprehensive Plan; and WHEREAS, SVMC Appendix A, as amended, bears a substantial relation to the public health, safety, welfare and protection of the environment. NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows: Section 1. Purpose. The purpose of this Ordinance is to amend SVMC Appendix A, by removing definitions from Appendix A that are contained in the adopted Shoreline Master Program (SMP). Section 2. Findings and Conclusions. The City Council acknowledges that the Planning Commission conducted appropriate investigation and study, held a public hearing on the proposed amendments and recommends approval of the amendments. The City Council has read and considered the Planning Commission's findings. The City Council hereby makes the following findings: Ordinance 15-027 Page 1 of 3 DRAFT A. Growth Management Act Policies - Washington State Growth Management Act (GMA) provides that each city shall adopt a comprehensive land use plan and development regulations that are consistent with and implement the comprehensive plan. B. City of Spokane Valley Goals and Policies - The City of Spokane Valley has adopted goals and policies consistent with the GMA and adopted County -Wide Planning Policies, set forth below. Chapter 8 - Natural Environment Element of the Comprehensive Plan includes the goals and policies of the Shoreline Master Program (SMP) as goals and policies of the Comprehensive Plan. The proposed amendments are consistent with the SMP as the goals and policies of the SMP are included as goals and policies of the Comprehensive Plan. The amendments are therefore consistent with the Comprehensive Plan. The amendments are consistent with the following Comprehensive Plan policies: Land Use Policy LUP-13.1: Maximize efficiency of the development review process by continuously evaluating the permitting process and modifying as appropriate. Economic Policy EDP -7.1: Evaluate, monitor and improve development standards to promote compatibility between adjacent land uses; and update permitting processes to ensure that they are equitable, cost-effective, and expeditious. Economic Policy EDP -7.2: Review development regulations periodically to ensure clarity, consistency and predictability. The amendments are consistent with the Shoreline Master Program where the purpose is to protect the public interest in the shoreline, preserve the natural character of the shoreline, advocate long term over short term benefit, protect the resources and ecology of the shoreline, increase public access to publicly owned shoreline areas, and increase public recreational opportunities in shoreline areas. For this reason the amendments bear a substantial relation to public health, safety, welfare, and protection of the environment. C. Conclusions The Shoreline Management Act requires that local governments amend their master program for regulation of uses of the shorelines of the state consistent with the required elements of the guidelines adopted by the Department of Ecology. The goals and policies of the SMP are considered an element of the City's Comprehensive Plan. Spokane Valley development regulations are intended to implement the City's Comprehensive Plan and therefore must be consistent with the Plan. The proposed text amendment is consistent with the City's Comprehensive Plan and the approval criteria pursuant to SVMC 17.80.150(F). The proposed City -initiated Code text amendments are consistent with the City's adopted Comprehensive Plan and the approval criteria pursuant to SVMC 17.80.150(F). Section 3. Amendment. SVMC Appendix -A is hereby amended as follows: Attachment 1 contains the full list of definition changes. Section 4 . Other sections unchanged. All other provisions of Appendix A not specifically referenced hereto shall remain in full force and effect. Ordinance 15-027 Page 2 of 3 DRAFT Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 6. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. Passed by the City Council this day of December 2015. ATTEST: Dean Grafos, Mayor Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 15-027 Page 3 of 3 Attachment 1 APPENDIX A DEFINITIONS A. General Provisions. 1. For the purpose of this code, certain words and terms are herein defined. The word "shall" is always mandatory. The word "may" is permissive, subject to the judgment of the person administering the code. 2. Words not defined herein shall be construed as defined in Webster's New Collegiate Dictionary. 3. The present tense includes the future, and the future the present. 4. The singular number includes the plural and the plural the singular. 5. Use of male designations shall also include female. B. Definitions. AASHTO: American Association of State Highway and Transportation Officials. Abandoned: Knowing relinquishment by the owner, of right or claim to the subject property or structure on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" shall include but not be limited to circumstances involving tax forfeiture, bankruptcy, or mortgage foreclosure. Accessory: A building, area, part of a building, structure or use which is subordinate to, and the use of which is incidental to, that of the main building, structure or use on the same lot. Accessory dwelling unit: A freestanding detached structure or an attached part of a structure that is subordinate and incidental to the principal dwelling unit located on the same property, providing complete, independent living facilities exclusively for a single housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation. ADA: Americans with Disabilities Act. Adequate public facilities: Facilities which have the capacity to serve development without decreasing levels of service below locally established minima. Attachment 1 Administrative exception: A minor deviation from standards pursuant to Chapter 19.140 SVMC. Adult entertainment: Includes the following: • Adult arcade device: Sometimes also known as "panoram," "preview," or "picture arcade." • Adult arcade or peep show: Any device which, for payment of a fee, membership fee, or other charge, is used to exhibit or display a graphic picture, view, film, videotape, or digital display of specified sexual activity, or live adult entertainment in a booth setting. All such devices are denominated under this chapter by the term "adult arcade device." The term "adult arcade device" as used in this code does not include other games which employ pictures, views, or video displays, or gambling devices which do not exhibit or display adult entertainment. • Adult arcade establishment: A commercial premises to which a member of the public is invited or admitted and where adult arcade stations, booths, or devices are used to exhibit or display a graphic picture, view, film, videotape, or digital display of specified sexual activity, or live adult entertainment in a booth setting to a member of the public on a regular basis or as a substantial part of the premises activity. • Adult arcade station or booth: An enclosure where a patron, member, or customer would ordinarily be positioned while using an adult arcade device or viewing a live adult entertainment performance, exhibition, or dance in a booth. "Adult arcade station" or "booth" refers to the area in which an adult arcade device is located and from which the graphic picture, view, film, videotape, digital display of specified sexual activity, or live adult entertainment is to be viewed. These terms do not mean such an enclosure that is a private office used by an owner, manager, or person employed on the premises for attending the tasks of his or her employment, if the enclosure is not held out to any member of the public for use, for hire, or for a fee for the purpose of viewing the entertainment provided by the arcade device or live adult entertainment, and not open to any person other than employees. • Adult entertainment establishment: Collectively refers to adult arcade establishments and live adult entertainment establishments licensed pursuant to Chapter 5.10 SVMC. • Applicant: An individual or entity seeking an adult entertainment establishment license. • Applicant control person: All partners, corporate officers and directors and other individuals in the applicant's business organization who hold a significant interest in the adult entertainment business, based on responsibility for management of the adult entertainment establishment. Attachment 1 • Employee: Any person, including a manager, entertainer or an independent contractor, who works in or at or renders services directly related to the operation of an adult entertainment establishment. • Entertainer: Any person who provides live adult entertainment within an adult entertainment establishment as defined in this section, whether or not a fee is charged or accepted for entertainment. • Licensing administrator: The director of the community development department of the City of Spokane Valley and his/her designee and is the person designated to administer this code. • Liquor: All beverages defined in RCW 66.04.010(25). • Live adult entertainment: 1. An exhibition, performance or dance conducted in a commercial premises for a member of the public where the exhibition, performance, or dance involves a person who is nude or seminude. Adult entertainment shall include, but is not limited to, performances commonly known as "strip teases"; 2. An exhibition, performance or dance conducted in a commercial premises where the exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following "specified sexual activities": a. Human genitals in a state of sexual stimulation or arousal; b. Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; c. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts; or 3. An exhibition, performance or dance that is intended to sexually stimulate a member of the public. This includes, but is not limited to, such an exhibition, performance, or dance performed for, arranged with, or engaged in with fewer than all members of the public on the premises at that time, whether conducted or viewed in an arcade booth or otherwise, with separate consideration paid, either directly or indirectly, for the performance, exhibition or dance and that is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing. • Live adult entertainment establishment: A commercial premises to which a member of the public is invited or admitted and where an entertainer provides live adult entertainment, in a setting which does not include Attachment 1 arcade booths or devices, to a member of the public on a regular basis or as a substantial part of the premises activity. • Manager: Any person who manages, directs, administers or is in charge of the affairs or conduct, or the affairs and conduct, or of a portion of the affairs or conduct occurring at an adult entertainment establishment. • Member of the public: A customer, patron, club member, or person, other than an employee, who is invited or admitted to an adult entertainment establishment. • Nude or seminude: A state of complete or partial undress in such costume, attire or clothing so as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva, or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered. • "Open to the public room so that the area inside is fully and completely visible to the manager": Premises where there is no door, curtain, partition, or other device extending from the top of the door frame of an arcade booth or station, with the exception of a door which is completely transparent and constructed of safety glass as specified in the International Building Code, so that the activity and occupant inside the enclosure are fully and completely visible by direct line of sight to the manager located at the manager's station which shall be located at the main entrance way to the public room. • Operator: Any person operating, conducting or maintaining an adult entertainment establishment. • Person: Any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized. • Premises: The land, structures, places, equipment and appurtenances connected or used in any business, and any personal property or fixtures used in connection with any adult entertainment establishment. • Sexual conduct: Acts of: 1. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or 2. A penetration of the vagina or anus, however slight, by an object; or 3. A contact between persons involving the sex organs of one person and the mouth or anus of another; or Attachment 1 4. Masturbation, manual or instrumental, of oneself or of one person by another; or 5. Touching of the sex organs, anus, or female breast, whether clothed or unclothed, of oneself or of one person by another. • Specified sexual activities: Refers to the following: 1. Human genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or 3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts. • Transfer of ownership or control: Of an adult entertainment establishment means any of the following: 1. The sale, lease or sublease of the business; 2. The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; 3. The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business; or 4. Transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. Adult entertainment establishment: Collectively refers to adult arcade establishments and live adult entertainment establishments, as defined herein. Adult retail use establishment: A retail use establishment which, for money or any other form of consideration, devotes a significant or substantial portion of stock in trade to the sale, exchange, rental, loan, trade, or transferring of adult-oriented merchandise. The retail use establishment may permit patrons to view the adult-oriented merchandise for possible purchase or rental, but such on -premises viewing shall not be in exchange for money or any other form of consideration. Affordable housing: Where the term "affordable" is used, it refers to the federal definition of affordability stating that annual housing costs shall not exceed one-third of a family's annual income. When establishing affordability standards for moderate- to extremely low-income families and individuals, the median household Attachment 1 income is the amount calculated and published by the United States Department of Housing and Urban Development each year for Spokane County. Agricultural: Relating to the science or art of cultivating soil or producing crops to be used or consumed directly or indirectly by man or livestock, or raising of livestock. Agricultural processing: The series of operations taken to change agricultural products into food and consumer products. Uses include creameries. Aircraft manufacture: The manufacture or assembly of complete aircraft, aircraft prototypes, aircraft conversion, overhaul and rebuilding. Airport: An area of land or water that is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any. Airport hazard: Any structure or object of natural growth located in the vicinity of the airport which obstructs the airspace required for the flight of aircraft or airport operations. Airport land use compatibility zone: Aircraft accident zones established by WSDOT, Division of Aviation and adopted by ordinance wherein certain land uses are restricted in order to protect the airport from encroachment from incompatible land uses. Airport obstruction: Any structure or object of natural growth or use of land which would exceed the federal obstruction standards established in 14 CFR Sections 77.21, 77.23, 77.25 and 77.28, or which obstructs the airspace required for flight of aircraft in landing or takeoff, or is otherwise hazardous to airport operations. Airstrip, private: An aircraft landing strip under private ownership which may provide specialty flying services without regular routes using general purpose aircraft. Alley: A public right-of-way which provides access only to the rear and/or side of properties abutting and having access to a public road. Altered/alteration: Any change, addition or modification in construction or any change of occupancy from one use to another or from one division of a trade to another. Ambulance service: A facility used for the housing and dispatch of emergency medical personnel and paramedics using ground transportation. Attachment 1 Amendment: A change in the wording, context, or substance of this code, or a change in the zone boundaries. Animal clinic/veterinary: A facility dedicated to the care of animals, which may include grooming services and short-term boarding. Animal, large: Domesticated animals including, but not limited to, horses, donkeys, burros, llamas, bovines, goats, sheep, and other animals or livestock of similar size and type. Young of horses, mules, donkeys, burros, llamas, and alpaca, under one year in age, bovines, under 10 months in age, and sheep and goats under three months in age shall not be included when computing intensity of large animals. Animal, small: Domesticated animals or fowl other than a household pet, or large animals including, but not limited to, chickens, guinea hens, geese, ducks, turkeys, pigeons, emus, ostriches (struthious), kangaroos, rabbits, mink, chinchilla, and other animals or fowl of similar size and type. Young small animals or fowl under three months of age shall not be included when computing intensity of small animals or fowl. Young or miniature large animals are not included in this definition and are considered large animals. Animal processing: Includes stockyards, meat packing and the rendering of meat byproducts, including the manufacture of tallow, gelatin and glue. Animal raising or keeping: The keeping of large and small domesticated animals other than household pets. Animal, wildlife rehabilitation or scientific research facility: A building, structure, pen or portion(s) thereof or an area of land where animals are housed, kept or maintained for the purpose of wildlife rehabilitation; or for the purpose of investigation, aimed at the discovery and interpretation of facts or the collecting of information about a particular subject. Antique store: A retail establishment offering for sale glass, china, objets d'art, furniture or similar furnishings and decorations which have value and significance as a result of age and design. AO: Is characterized as sheet flow and AH indicates ponding and includes a base flood elevation. Apparel/tailor shop: A service providing for the alteration and repair of clothing. Appeal: A request for a review of the interpretation of any provision of this code or a request for a variance. Appliance manufacture: The manufacture, assembly and storage of household appliances. Attachment 1 Appliance sales/service: The sale, servicing and repair of home appliances including radios, televisions, washers, refrigerators and ranges. Aquifer: The underground layer of rock and sand that contains usable quantities of water. Area of shallow flooding: A designated AO or AH Zone on the Flood Insurance Rate Map (FIRM) and which has the following characteristics: 1. The base flood depths range from one to three feet; 2. A clearly defined channel does not exist; 3. The path of flooding is unpredictable and indeterminate; and 4. Velocity flow may be evident. Area of special flood hazard: The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. Art gallery/studio: The work areas of graphic artists, painters, sculptors, weavers, quilters and other artists with display and sales areas. Arterial/road map: The official maps adopted as part of the Comprehensive Plan. As -graded: The extent of surface conditions on completion of grading. Asphalt plant/manufacturing: The manufacture of carbon -based paving and saturated materials compounds. Assembly, heavy: The assemblage of materials and/or metals for commercial and industrial uses. Assembly, light: The assemblage of metals and/or materials into products, including electronic assembly. Assisted living facility: A residential facility that provides routine protective oversight or assistance for independent living to mentally and physically limited persons in a residential setting. Services include, but are not limited to, transportation, food service, pharmacy and limited nursing services. An assisted living center may be included as a part of a nursing home or convalescent center complex. Attached: Structurally dependent, sharing a common or party wall for not less than 50 percent of the length of the principal structure(s). A breezeway is not a common wall. Attachment 1 Auction house: A building where sale items are stored or displayed where persons are permitted to attend sales and offer bids on such items. Auction yard: An open area where sale items are stored or displayed for not more than seven consecutive days within any given 30 -day period and where persons are permitted to attend sales and offer bids on such items. Auction yard, livestock: Facilities designed for the sale of livestock at auction, including barns, holding pens, and loading facilities. Automobile assembly plant: A manufacturing facility for new cars and trucks. Automobile impound yard: A secure area used for the temporary impoundment of motor vehicles by law enforcement. Automobile/taxi rental: Facilities including parking, for vehicles available for rent or lease. Facilities for fueling, servicing and minor repair may be accessory to the rental use. Automobile/truck sales and service: An area located on private property used for the display and sale of more than two new or used passenger automobiles or light trucks, including sports utility vehicles, or any truck with a gross vehicle weight (GVW) of less than one ton, including service. Automobile/truck/RV/motorcycle painting, repair, body and fender works: A facility providing for the repair and painting of a wide variety of motor vehicles, not including engine overhaul. Automotive parts, accessories and tires: A retail establishment engaged in the sale of new or refurbished automotive parts and accessories, including installation of tires, automotive accessories and the minor repair of passenger cars and light trucks. Available public facilities: Facilities or services are in place or a financial commitment is in place to provide the facilities or services within a specified time. In the case of transportation, the specified time is six years from the time of development. Awning: A roof -like cover that projects from the wall of a building for the purpose of identity, decoration or shielding a doorway or window from the elements. Attachment 1 Bakery products manufacturing: A facility preparing baked goods for regional distribution with accessory retail sales. Bakery, retail: A retail business offering baked goods including pies, doughnuts, cakes and breads for sale to the public. Bankfull depth: The average vertical distance between the channel bed and the estimated water surface elevation required to completely fill the channel to a point above which water would enter the floodplain or intersect a terrace or hill slope. In cases where multiple channels exist, the bankfull depth is the average depth of all channels along the cross-section. Bankfull width: • For streams — the measurement of the lateral extent of the water surface elevation perpendicular to the channel at bankfull depth. In cases where multiple channels exist, bankfull width is the sum of the individual channel widths along the cross-section. • For lakes, ponds, and impoundments — line of mean high water. • For periodically inundated areas of associated wetlands — the line of periodic inundation, which will be found by examining the edge of inundation to ascertain where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland. Banks, savings and loan and other financial institutions: Offices and service facilities for banks, savings and loans, credit unions or other financial institutions, including drive-through windows. Barber/beauty shop: A facility offering haircuts, manicures and similar personal services. Base flood: The flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100 -year flood." Designation on maps always includes the letters A or V. Basement: The portion of a building at least four feet below grade for more than 50 percent of the perimeter but not more than eight feet below grade at any point of the structure. Battery rebuilding/manufacture: A facility that specializes in retail, wholesale, OEM/manufacturing, custom battery rebuilding, and battery assembly for consumer and industrial use. Attachment 1 Bed and breakfast: A single-family dwelling which provides accommodations for one or more paying guests on a reservation basis. Bedrock: The more or less solid rock in place on or beneath the surface of the earth. It may be soft, medium, or hard and have a smooth or irregular surface. Beehive: A structure designed to contain one colony of honey bees (apis mellifera) and registered with the Washington State Department of Agriculture per Chapter 15.60 RCW or as hereafter amended. Beekeeping, commercial: An activity where more than 25 beehives are kept on a lot. Beekeeping, hobby: The keeping of 25 or fewer beehives on a lot. Bench: As referred to in grading, a relatively level step excavated into earth material on which fill is to be placed. Berm: A narrow ledge or shelf of land generally consisting of earth material that may be natural or artificial. Best management practices (BMP): Currently available, feasible and generally accepted techniques or practices that mitigate the adverse impact from the uncontrolled stormwater on the environment, surrounding properties and infrastructure. Bicycle: A vehicle having two tandem wheels propelled solely by human power, upon which any persons or person may ride. Bicycle lane: That portion of a paved roadway striped for use by bicycles. Bicycle path: A bikeway physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right-of-way or within an independent right-of-way. Bicycle route: A segment of a system of bikeways designated with appropriate directional and informational markers with or without specific bicycle route number. Bicycle sales and service: A retail establishment offering for sale to the public nonmotorized vehicles, including bicycles, skateboards, roller blades, unicycles or similar equipment, and providing repairs. Attachment 1 Bikeway: Any road, path, or way, which in some manner is specifically designated and which may legally be used by bicycles regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes. Binding site plan: A division of land approved administratively by the department of community development, which legally obligates a person making a proposal to conditions, standards or requirements specified by this code. Block: A parcel of land surrounded by public streets, highways, railroad rights-of-way, public walks, parks, or green strips, rural land, drainage channels, or a combination thereof. Boat building: The construction, refurbishing and repair of recreational boats. Book/stationery store: A retail establishment offering books, magazines, greeting cards, and similar items to the public. Border easement: A dedicated easement on private property adjacent to public street right(s)-of-way established for the purposes of utility, drainage facilities, pedestrian access or other public purpose. Borrow: As referred to in grading, earth material acquired from either an on- or off-site location for use in grading on a site. Bottling plant: An industrial facility which provides for the packaging and distribution of liquid products, including the mixing of liquid components. Boundary line adjustment: A land use action adjusting lot lines. Boundary line elimination: A land use action aggregating two or more lots or parcels of land. Bowling alley: Indoor entertainment including rental and sale of bowling equipment, as well as restaurant services. Breakaway wall: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. Brewery, micro: An establishment brewing specialized beers for localized distribution, as well as local restaurant services. Attachment 1 Brewery, winery or distillery: A facility engaged in the production of beer, wine or spirits for regional distribution, including fermentation, distillation and bottling. Broom manufacturing: The manufacture of brooms, brushes and mops. Building height: The vertical distance from the average finished grade to the average height of the highest roof surface. t7' i aD' 1 1 Ex skirg _ ' Grade _ =- 1 4 o nt of ',:1e@screment ElevatiOR Building official: The authority charged with the administration and enforcement of the adopted building codes pursuant to SVMC 18.40.010. Building setback line: A line established as the minimum distance a structure may be located from any property line or border easement. Building supply and home improvement: An establishment selling hardware, lumber, sheetrock, plumbing supplies, flooring, lighting fixtures, landscaping supplies, nursery stock, and appliances at retail and wholesale. Bulkheads: Retaining wall structures erected to stabilize land at the water's edge and prevent erosion. Revetments are the same as bulkheads. Butcher shop/meat market: The retail sales of specialty meat and fish products, not otherwise classified as a grocery store. See "Food sales, specialty/butcher shop/meat market." Caliper: The diameter of a deciduous tree measured at four and one-half feet above grade. Camping units: A structure, shelter or vehicle designed and intended for temporary occupancy by persons engaged in camping or use of a camping unit for recreation. Camping units include, but are not limited to, recreational vehicles, recreational park trailers and campers, camping cabins, tents, tepees, yurts and other similar shelters. Candy and confectionery: The preparation and specialty retail sale of candy and confectionery, not otherwise classified as a grocery store. Attachment 1 Carnival or circus: Temporary entertainment facilities providing rides, exhibits, games, musical productions, food and drink, and items for sale as part of a private commercial venture. Carpenter shop: An establishment producing finished wooden products from raw materials. Carpet and rug cleaning plants: A plant engaged in the cleaning and repair of carpets and textiles utilizing solvents and volatile organic compounds. Does not include cleaning services provided on client premises. Car wash: Facilities for the washing of passenger cars and light trucks as either a principal use or accessory to fueling stations, convenience stores or similar permitted uses. Car wash, automated: A car wash using robotic tracks or systems to wash the exterior of passenger cars and light trucks. Casino: A gaming establishment licensed pursuant to Chapter 9.46 RCW, including restaurant services. Catalogue and mail-order houses: Merchandise warehouse and distribution center, including showroom. Category: A land use classification established pursuant to the Spokane Valley Comprehensive Plan. Catering services: Food preparation intended for delivery to location(s) different from that where the preparation takes place. Cemetery: Land or facilities used or planned for use for the preparation for the disposition of human or animal remains including columbaria, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery. Ceramics shop: A retail store which provides the supplies and equipment for molding, firing, glazing and enameling ceramic goods. Certificate of occupancy: An official certificate issued by the building official that indicates conformance with building requirements and zoning regulations and authorizes legal use of the premises for which it is issued. Certificate of title: A letter, report, opinion, statement, policy, or certificate prepared and executed by a title describing all encumbrances of record which affect the property, together with all recorded deeds, including any part of the property included in the plat. Attachment 1 Chemical manufacture: Establishments primarily engaged in manufacturing chemicals using basic processes, such as thermal cracking and distillation. Chemicals manufactured in this industry group are usually separate chemical elements or separate chemically defined compounds, not including aluminum oxide manufacturing, primary metal manufacturing, ceramics, and beverage distilleries which are defined separately. Church, temple, mosque, synagogue, house of worship: An establishment, the principal purpose of which is religious worship and for which the main building or other structure contains the sanctuary or principal place of worship, and including accessory uses in the main building or in separate buildings or structures, including Sunday school rooms and religious education classrooms, assembly rooms, a common kitchen, a library room or reading room, columbaria, recreation hall and on-site living quarters for members of religious orders and caretakers. City: The City of Spokane Valley, Washington. City council: The governing body of the City. City property: Real property owned by the City which may include easements, dedications and rights-of-way. City standards: In reference to stormwater standards, the "Spokane County Guidelines for Stormwater Management" and other standards developed or recognized by the director that relate to best management practices, threshold requirements for a site drainage plan, exemptions, permitting processes forms and such other matters for the administration of stormwater control. Clothes, retail sales: A retail store offering clothing, footwear and accessories for sale to the general public. Club: An association of persons for some common purpose, but not including groups organized primarily to render a service which is customarily carried on as a business. Clustered housing: Residential lots or building sites which reduce minimum yard requirements within a tract but provide compensating open space. Code: Spokane Valley Uniform Development Code. Cold storage/food locker: A commercial building designed to prevent spoilage of food and to store food for retail food stores or persons buying in large quantities. Attachment 1 College or university: A public or private institution offering instruction in liberal arts, or a professional, vocational, or technical field beyond the twelfth grade. Collocation: Locating wireless communication equipment from more than one provider on one structure on one site. Commercial zones: Those zones permitting commercial uses including the business zones, office zones, Corridor Mixed Use, Mixed Use Center, and City Center. Commission: The Spokane Valley planning commission. Communication equipment manufacture: The manufacture, assembly and storage of communications equipment. Communication service/sales: Establishments providing for the sale and service of communications equipment including, but not limited to, telephones, satellite dishes, and radio equipment. Community facilities: The facilities of local government, other public agencies or nonprofit organizations including, but not limited to, police stations, fire stations, government offices, court rooms, water/wastewater storage and treatment facilities, electric and other utility distribution/collection lines, electric substations, transmission lines, except transit stations, churches, and schools. Community hall: A building and related grounds used for social, civic, or recreational purposes and owned and operated by a nonprofit group serving the area in which it is located and open to the general public. Community residential facility: A dwelling licensed, certified or authorized by state authorities as a residence for children or adults with physical or developmental disabilities in need of supervision, support or assistance. Community transit center: A bus transfer area or facility providing passenger access to routes and adjacent activities. Compaction: The densification of a fill by mechanical means. Composting storage/processing, commercial: A facility storing or composting organic material for commercial purposes. Comprehensive Plan: The Comprehensive Plan adopted by Spokane Valley, Washington, pursuant to Chapter 36.70 RCW. Attachment 1 Computer manufacture and assembly: See "Electrical/electronic/computer component/system manufacturing and assembly." Computer services: Facilities used for the design and testing of computer systems and component parts, including software design and computer support services. Concurrency: Adequate public facilities required when the service demands of development occur. Conditional use: A use authorized subject to conditions and performance standards established by the hearing examiner. Contractor's yard: An area and/or building used to store, maintain and repair equipment, trucks and motor vehicles, construction supplies, building equipment and raw materials for an individual or for a contractor engaged in building or other construction businesses including, but not limited to, plumbing, electrical, structural, finish, demolition, transportation, masonry, excavating or other construction work. Convalescent home/nursing home: A residential facility licensed by the state or county to provide long-term special care and supervision to convalescents, invalids, and/or aged persons, but where no persons are kept who suffer from mental sickness or disease or physical disorder or ailment which is normally treated within sanitariums or hospitals. Special care in such a facility includes, but is not limited to, nursing, feeding, recreation, boarding and other personal services. Convenience store: A retail store of less than 10,000 square feet in size engaged in the sale of personal or household merchandise, packaged foods and beverages, which may include fueling stations as an accessory use where permitted. Cosmetic manufacture/distribution: The manufacture, storage and distribution of cosmetics, perfumes, and toiletries. Critical areas: Any of the following areas and ecosystems: wetlands, areas with a critical recharge effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas. Critical facility: A facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste. Attachment 1 Critical material: A substance present in sufficient quantity that its accidental or intentional release would result in the impairment of one or more beneficial uses of soil, air and ground and surface water pursuant to Chapter 21.40 SVMC. Court: An open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is entirely surrounded by the exterior walls of a building. An outer court has one side open to a street, alley, yard or other permanent space. Cumulative substantial damage: Flood -related damages sustained by a structure on two separate occasions during a 10 -year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. Day(s): A calendar day, unless otherwise specified, computed by excluding the first day and including the last day pursuant to RCW 1.12.040. When an act to be done requires a City business day, and the last day by which the act may be done is not a City business day, then the last day to act is the following business day. Day care, adult: A licensed or accredited facility that provides counseling, recreation, food, or any or all of these services to elderly or handicapped persons for a period of less than 24 hours a day. Day care, child: A licensed or accredited facility which regularly provides care for a group of children for periods of less than 24 hours and includes pre -kindergarten, nursery schools, Montessori schools, mothers' day out and after school programs. Deciduous: Plant materials which shed leaves during the fall and winter season. Density, gross: The total number of residential dwelling units per gross acre. Density, net: The number of dwelling units per acre of land, including parcels for common open space and associated recreational facilities within the area, stormwater drainage facilities and tax exempt open spaces, after deducting the area for roads, parks, churches and schools, public/private capital facilities, dedicated public lands, and any other nonresidential use. Department, community development: The City of Spokane Valley department of community development. Department, public works: The City of Spokane Valley public works department. Attachment 1 Department/variety store: A store offering a variety of goods to the public at retail including, but not limited to, clothing, housewares, linens, small appliances, sporting goods, and footwear. Detention and post -detention facilities: See "Essential public facility." Development: Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. Director: Director of community development, unless otherwise stated specifically in the code. Director of community development: The individual or designee, appointed by the city manager, responsible for the interpretation and enforcement of all or part of the provisions of the Spokane Valley Uniform Development Code. District: The area to which certain zoning regulations apply. Dormitory: See "Dwelling, congregate." Double plumbing: Plumbing installation required for properties for which conversion from on-site to public wastewater collection is necessary. Dredging: The removal of sediment, earth, or gravel from the bottom of a body of water, either for the deepening of navigational channels, to mine the sediment materials, to restore water bodies or for flood control. Driveway: Any area, improvement or facility between the roadway of a public or private street and private property, which provides ingress/egress for vehicles from the roadway to a lot(s) or parcel(s). Drug store: A pharmacy authorized to dispense prescription drugs prescribed by licensed professionals. Dry cleaners: A retail business providing dry cleaning and laundry services to the public. Dry cleaning, laundry, linen supply plant, commercial: An industrial facility providing laundry, dry cleaning, linen supply, and uniforms on a regional basis. Dry kiln: An industrial process for curing timber. Dry line sewer: A sewer line, constructed at the time of property development, which is not put into service until the public sewer system is extended to the development. Attachment 1 Dwelling: A building or portion thereof designed exclusively for residential purposes. Dwelling, accessory apartment: A freestanding detached structure or an attached part of a structure that is subordinate and incidental to the main or primary dwelling unit located on the same property, providing complete, independent living facilities exclusively for a single housekeeping unit, including permanent provisions for living, sleeping, cooking, and sanitation. Dwelling, caretaker's residence: A dwelling unit provided for the purpose of on-site supervision and security that is occupied by a bona fide employee of the property owner. Dwelling, congregate: A residential facility under joint occupancy and single management arranged or used for lodging of unrelated individuals, with or without meals, including boarding or rooming houses, dormitories, fraternities and sororities, convents and monasteries, and convalescent care facilities. Dwelling, duplex: An attached building designed exclusively for occupancy by two families, with separate entrances and individual facilities for cooking, sleeping, and sanitation, but sharing a common or party wall. Dwelling, multifamily: A building designed for occupancy by three or more families, with separate entrances and individual facilities for cooking, sleeping, and sanitation. Dwelling, single-family: A building, manufactured or modular home or portion thereof, designed exclusively for single-family residential purposes, with a separate entrance and facilities for cooking, sleeping, and sanitation. Dwelling, townhouse: A single-family dwelling unit constructed in groups of three or more attached units in which each unit extends from foundation to roof, open on at least two sides. Dwelling unit: One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with an individual entrance, cooking, sleeping and sanitary facilities for the exclusive use of one family maintaining a household. Earth material: Any rock, natural soil or fill or any combination thereof. Easement: A right to use the land of others. The right may be from the common law or may be acquired, usually by purchase or condemnation and occasionally by prescription or inverse condemnation. The right is not exclusive, but subject to rights of others in the same land, the lesser right being subservient to a prior right which is dominant. Attachment 1 Ecological function, no net loss of: The aggregate impact of an improvement, disturbance or encroachment of a shoreline which does not result in an overall lose of ecological function. Any shoreline degradation lc, concurrently offset by an enhancement of ecological function on the same site or on property within 1,000 feet of the site which equals or exceeds the scope and ecological value (or function) of the degraded resource. Ecological functions or shoreline functions: The work performed or role played by the physical, chemical, constitute the shoreline's natural ecosystem. See WAC 173 26 200(2)(d). Ecologist, qualified: A person who has obtained an undergraduate and/or graduate degree in one of the environmental sciences such as but not limited to biology, zoology, botany, wildlife management or bioengineering from an accredited college or university and has a minimum of two years of field experience evaluating the impacts of human encroachments on riparian fish and wildlife habitats and on riparian vegetation species. Electrical/electronic/computer component/system manufacturing and assembly: The manufacture, assembly of light fixtures, computers or computer components including, but not limited to, relays, chips, routers, semiconductors and optical processing equipment. Elevated building: For insurance purposes, a non -basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Elevation certificate: The official form (FEMA Form 81-31) used to track development, provide elevation information necessary to ensure compliance with community floodplain management ordinances, and determine the proper insurance premium rate with Section B completed by community officials. Engineering geology: 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. Entertainment/recreation, commercial (indoor): A facility offering indoor entertainment such as a bowling alley, video arcade, dance hall, skating rink or billiard parlor. Also includes indoor archery, pistol or gun range. Entertainment/recreation, commercial (outdoor): A facility offering outdoor entertainment or games of skill to the general public for a fee or charge such as a golf driving range, archery range, or miniature golf course. Equipment rental shop: A business establishment offering equipment for rental. Attachment 1 Equipment sales, repair and maintenance: A business establishment offering equipment for sale, including repair and maintenance. Erosion: The disturbance of land or transportation of soil or other native materials by running water, wind, ice or other geological agents. Espresso/latte retail sales: An establishment with or without drive-through service offering coffee, tea and other nonalcoholic beverages for sale to the public, with only limited sale of food items incidental to the beverage service for take-out or consumption on the premises. Essential public facility: Facilities which are typically difficult to site, such as airports, state education facilities, state or regional transportation facilities, state and local correctional facilities, solid waste handling, inpatient facilities including substance abuse, mental health, and secure community transition facilities. • Detention and post -detention facilities: Congregate residential facilities for the housing, training and supervision of individuals under judicial detention including, but not limited to, prisons, jails, probation centers, juvenile detention homes, halfway houses and related post -incarceration facilities. • Hospital, psychiatric and/or substance abuse: A licensed facility providing inpatient residential rehabilitation and supervision and outpatient care for individuals suffering from substance abuse, psychological or emotional disease or defect. • Secure community transition facility (SCTF): A licensed secure and supervised residential facility for convicted sex offenders. Excavation: The mechanical removal of earth material. Exercise facility/gym/athletic club: A facility providing physical fitness equipment and facilities, including weight rooms, running tracks, swimming pools, play courts and similar facilities, as well as counseling in exercise and nutrition. Existing manufactured home park or subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations. Attachment 1 Expansion to an existing manufactured home park or subdivision: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Explosive manufacturing: The manufacture and storage of substances causing a sudden release of pressure, gas and heat when subjected to sudden shock, pressure or high temperature including, but not limited to, dynamite, gun powder, plastic explosives, detonators, or fireworks. Explosive storage: Storage of explosive materials including, but not limited to, dynamite, gun powder, plastic explosives, detonators, or fireworks. FAA: Federal Aviation Administration. Family: An individual or two or more persons related by blood, marriage, or adoption, or a group of not more than five persons, excluding dependents, who are not related by blood, marriage or adoption, living together as a single housekeeping unit. Family home, adult: A licensed residential home in which a person or persons provide personal care, special care, room, and board to two, but not more than six, adults who are not related by blood or marriage to the person or persons providing the services. Family home, child: A licensed child care facility providing regular care for not more than 12 children in the family living quarters. Farm machinery sales and repair: A specialized retail facility catering exclusively to the sale and repair of farm machinery including tractors, farm implements, combines, loaders, applicators, and their accessories. FCC: Federal Communications Commission. Feed lot: A confined area or structure used for feeding, breeding or holding livestock for eventual sale or slaughter, including barns, pens or other structures. Feed/cereal/flour mill: A structure or building used to store or grind grain for animal or human consumption. Attachment 1 Fence: A wall or a barrier composed of stone, brick or posts connected by lumber, rails, panels, or wire for the purpose of enclosing space, marking boundaries, serving as an obstruction or barrier or separating parcels of land. Fertilizer manufacture: The manufacture and storage of organic and chemical fertilizer, including manure and sludge processing. Fill: A deposit of earth material placed by artificial means. Film/camera sales and service: The retail sale of photographic equipment and supplies, and the repair of cameras, lenses, tripods, optical and related photographic accessories. Film developing: The commercial processing of photographic film, including x-rays. Fire lane: An access designed to accommodate emergency access to a parcel of land or its improvements. Flood or flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters; and/or 2. The unusual and rapid accumulation of runoff of surface waters from any source. Flood Insurance Rate Map or FIRM: The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the City. Flood Insurance Study (FIS): The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. Floodplain, 100 -year: An area determined by the Federal Emergency Management Agency (FEMA) or by Spokane County to have a one percent chance of flooding in any given year. Flood storage area: Floodplain areas designated on the FIRM where the storage and infiltration of floodwater has been taken into account in reducing flood discharges. Storage areas may include floodwater conveyance or floodway characteristics. Attachment 1 Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Florist shop: A retail sales of floral arrangements and accessories. Food product manufacturing/storage: The commercial production or preservation of food products from agricultural products, and/or the packaging, repackaging or other preparation of food for wholesale distribution including, but not limited to, starch manufacture, sugar refining, pickling, tobacco and vegetable oil manufacture. See also "Meat/fish cutting, canning, curing and smoking." Food sales, specialty/butcher shop/meat market: The retail sales of specialty meat and fish products, not otherwise classified as a grocery store. Food vendor, mobile: An itinerant vendor of beverages, processed foodstuff and produce. Forest land: Land identified as of long-term significance for growing trees for commercial purposes (WAC 365- 190-030(7)). Fraternity/sorority: An organization formed chiefly for social purposes which may function as a place for living and eating, especially for college students. See also "Dwelling, congregate." Freight forwarding: Land and facilities providing for the transport, storage and shipment of goods. Frontage: The full length of a plot of land or a building measured alongside the road onto which the plot or building fronts. In the case of contiguous buildings, individual frontages are usually measured to the middle of any party wall. Interior lots which front on two streets are double frontage lots. Fueling station: An establishment engaged in the retail sale of gasoline and automotive fuels and lubricants. Funeral home: A facility licensed by the state engaged in preparing human remains for burial or cremation. Services may include, but are not limited to, embalming, transport, memorial services, and the sale of caskets. Furniture manufacture: The manufacture of furniture and cabinetry for regional distribution. Furniture sales/repair: Retail sales of household furniture and repairs not including re -upholstery. Attachment 1 Garage, public: A building or portion thereof, other than a private garage, used for the care, parking, repair, or storage of automobiles, boats, and/or recreational vehicles or where such vehicles are kept for remuneration or hire. Garment manufacture: The manufacture of apparel, including leather goods, for wholesale distribution. Gift shop: Retail sales of miscellaneous gift items, including floral arrangements, stationery, statuary, ornaments and decorations. Golf course: Outdoor course of nine or more holes, including driving range, cart rentals, pro -shop and restaurant services. Grade: The vertical location of the ground surface. • Existing grade is the grade prior to grading. • Finish grade is the final grade of the site that conforms to the approved plan. • Rough grade is the state at which the grade approximately conforms to the approved plan. • The average elevation of the finished ground level at the center of all exterior walls of a building. In case of any wall which is parallel to and within five feet of a lot line, elevation at the lot line adjacent to the center of the wall shall be considered the finished ground level. Grading: Any excavating or filling or combination thereof. Grain elevator: A facility for the storage of grain. See also "Feed/cereal/flour mill." Greenhouse/nursery, commercial: An establishment where flowers, shrubbery, vegetables, trees and other horticultural and floricultural products are grown both in the open and in an enclosed building for sale on a retail or wholesale basis. Greenhouse, nursery, garden center, retail: An establishment where flowers, shrubbery, vegetables, trees and other horticultural and floricultural products are grown both in the open and in an enclosed building for sale on a retail basis. Grocery store: A retail establishment offering a wide variety of comestibles, beverages and household supplies for sale. Attachment 1 Group living: Living facilities for groups of unrelated individuals that include at least one person residing on the site who is responsible for supervising, managing, monitoring and/or providing care, training or treatment of residents characterized by shared facilities for eating, hygiene and/or recreation. Excludes detention and post - detention facilities. See also "Dwelling, congregate." Halfway house: See "Essential public facility." Hardware store: An establishment engaged in the retail sale and/or rental of hardware and small tools. Hazardous waste: All dangerous or hazardous waste materials, including substances composed of, or contaminated by, radioactive and hazardous components as defined in RCW 70.105.010(11). Hazardous waste storage: The holding of hazardous waste for a temporary period, as regulated by Chapter 173-303 WAC. Hazardous waste treatment: The physical, chemical or biological processing of hazardous waste for the purpose of rendering these wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage, or reduced in volume. Hearing examiner: The individual designated by the city council to conduct public hearings and render decisions on amendments, special permits, conditional uses, appeals and other matters as set forth in Chapter 18.20 SVMC. Helicopter: A rotorcraft that, for its horizontal motion, depends principally on its engine -driven rotors. Heliport: A landing facility for rotary wing aircraft subject to regularly scheduled use and may include fueling or servicing facilities for such craft. Helistop: A landing pad for occasional and infrequent use by rotary wing aircraft. No on-site servicing or fueling, and not for regularly scheduled stops. High occupancy vehicle (HOV): A motorized vehicle carrying two or more passengers. Hobby shop: A retail establishment offering games, crafts and craft supplies, and art supplies to the public. Home furnishings, retail sales: A retail establishment offering decorating services and materials. Home occupation: An occupation, profession or craft incidental to the residential use. Attachment 1 Horse boarding: A barn, stable, or other structure where owners or users of the property commercially bathe, train, house and/or feed more than three horses or other riding animals, any of which are not owned by the users or owners of the property for more than 24 consecutive hours. Hospital: An institution licensed by the state offering in- and outpatient medical services, but not including facilities treating exclusively psychiatric, substance or alcohol abuse. Hospital, psychiatric and/or substance abuse: See "Essential public facility." Hospital, specialty: A facility providing specialized in- and/or outpatient medical care, including hospices, birthing centers, urgent and trauma care, but not including facilities treating psychiatric, substance or alcohol abuse. Hotel/motel: A building in which there are six or more guest rooms where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite. Household pet: Any animal or bird, other than livestock, large or small animals and animals or birds considered to be predatory or wild, which normally lives in or is kept in a residence. Ice plant: A facility manufacturing and distributing ice. Incinerator: A vessel, device, apparatus, or structure designed to burn solid waste under controlled, nuisance - free conditions, and at a relatively high temperature, for the purpose of reducing the combustible components to a nonputrescible residue capable of ready disposal. Industrial zoning districts: Those zones permitting various industrial and manufacturing uses. See also "Zone, zoning district." Infiltration: The infiltration of floodwater into the ground which may be taken into account in reducing flood discharges. Ink manufacture: A facility manufacturing printing ink, and inking supplies. Jewelry, clock, musical instrument, assembly, sales/service: Retail sale, assembly, service and repair of clocks, musical instruments and jewelry. Attachment 1 Kennel: An establishment or place, other than an animal or veterinary hospital or clinic or animal shelter, where six or more dogs or six or more cats, or any combination thereof, over six months of age are housed, groomed, bred, boarded, trained or sold commercially or as pets. Key: A designated compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. Laboratories (Bio Safety Level 2, OSHA Standards): A facility in which work is done with the broad spectrum of indigenous moderate -risk agents present in the community and associated with human disease of varying severity. Laboratories (Bio Safety Level 3, OSHA Standards): A facility in which work is done with indigenous or exotic agents where the potential for infection by aerosols is real and the disease may have serious or lethal consequences. Laboratories, Scientific (Bio Safety Level 4, OSHA Standards): A facility in which work is done with dangerous and exotic agents which pose a high individual risk of life-threatening disease. Landfill: A licensed facility for the sanitary disposal of solid waste. Landfill, shoreline: The placement of soil, excavated material or spoil within the shoreline jurisdiction. Landscape materials sales lot: The retail sale of organic and inorganic materials including, but not limited to, soil and soil amendment, bark, sod, gravel, pea gravel, hardscape products, crushed rock, river rock and landscape boulders primarily used for landscaping and site preparation purposes. The exclusive sale of horticultural or floricultural stock that is permitted in a commercial greenhouse or nursery -wholesale shall not be considered landscape materials. Laundromat: A self-service facility providing machines for the washing and drying of clothes and personal items. Library: An establishment for the sole purpose of loaning and circulating books or providing a reading room and reference service to the public whether conducted by a public or private agency or whether the service is with or without direct cost to the user. Liquor store: The retail sale of off -premises distilled spirits, beer and wine. Attachment 1 Livestock: Animals including, but not limited to, horses, cattle, llamas, sheep, goats, swine, reindeer, donkeys and mules. Loading zone: An off-street space or designated area or loading dock located on the same lot or site as the buildings or use served, which provides for the temporary parking of a commercial vehicle while loading or unloading merchandise, materials, or passengers. Locksmith: The sale, service and repair of locks and other security devices. Lot: An undivided tract or parcel of land having frontage on a public street and designated as a distinct tract. • Lot aggregation: The consolidation of one or more lots into a single parcel through the elimination of lot lines. • Lot area: The area of a horizontal plane intercepted by the vertical projections of the front, side, and rear lot lines of a building lot. • Lot, corner: A building lot situated at the intersection of two public streets. • Lot coverage: The percentage of the total area of a lot occupied by the base (first story or floor) of buildings located on the lot. • Lot depth: The mean horizontal distance between the front lot line and the rear lot line of a building lot measured at the respective midpoints of the front lot line and rear lot line within the lot boundary. • Lot, double frontage: An interior lot with frontage on more than one street. • Lot, flag: A lot of irregular shape with reduced frontage on a public or private street with dimensions which are otherwise adequate at the building line. • Lot, interior: A lot within a subdivision that is not located at the intersection of any adjacent public or private street. • Lot line: A boundary of a building lot. • Lot line, front: The boundary of a building lot that is the line of an existing or dedicated street. Upon corner lots either street line may be selected as the front lot line providing a front and rear yard are provided adjacent and opposite, respectively, to the front lot line. Attachment 1 • Lot line, rear: A boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line. • Lot line, side: A boundary of a lot which is not a front lot line or a rear lot line. • Lot of record: An area of land designated as a residential lot on the plat or subdivision recorded or registered, pursuant to statute, with the auditor for Spokane County. • Lot, radial: Lots adjacent to curved streets or circular cul-de-sacs with side lot lines running roughly perpendicular to the street right-of-way. • Lot, reverse flag: A lot of irregular shape with reduced access to a rear alley, amenity or natural feature. • Lot segregation: The re-establishment of lot lines within parcels aggregated for tax purposes. • Lot width: The width of a lot at the front building line. Measurements on irregularly shaped lots to be taken in a straight line from a point where the front building line crosses the side property lines. Lowest floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood - resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is equipped with adequate flood -ventilation openings specified in SVMC 21.30.090(C)(1)(b). Lumber mill, sawmill, shingle mill, plywood mill: The manufacture of wood products, including cutting, planning, preservation and veneering, match manufacture and millwork. Machine/machinery manufacturing: The fabrication of machines and machinery. Machine shop: See "Metal fabrication." Manufactured home fabrication: The construction and assembly of manufactured housing units. Manufactured home sales: A sales lot for manufactured housing units with display models. Manufactured home subdivision: A subdivision designed exclusively for manufactured housing. Manufactured (mobile) home: A pre -assembled dwelling unit transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to Attachment 1 the required utilities certified by the Washington State Department of Labor and Industries. The term "manufactured home" does not include a "recreational vehicle." Manufactured (mobile) home park: A site having as its principal use the rental of space for occupancy by two or more manufactured (mobile) homes, and the accessory buildings, structures, and uses customarily incidental to such homes. Manufacturing, nonmetallic metal products: The manufacture of clay, earthenware, brick, vitreous, cement and concrete, including readi-mix, concrete block, lime, gypsum, stone and stone product. Manufacturing, petroleum and coal products: The manufacture of asphalt paving, roofing and coating and petroleum refining. Market, outdoor: A temporary or seasonal location where produce and agricultural products including, but not limited to, pumpkins, Christmas trees and firewood, as well as crafts and other items are offered for sale to the public. Massage therapy: An establishment providing the therapeutic massage services of a licensed massage therapist. Meat/fish cutting, canning, curing and smoking: The processing and packaging of meat and fish for wholesale distribution; does not include the slaughter of animals. Meat packing: The slaughter of live animals and the inspection and processing of animal carcasses. See "Animal processing." Medical and laboratory instrument/apparatus manufacture: The manufacture of medical and dental equipment, supplies, and instruments. Medical/dental clinic: A facility where three or more medical or dental professionals or paraprofessionals, including physicians, dentists, endodontists, physical therapists, dental hygienists, physician assistants, or osteopaths, provide outpatient services on a regular basis. Medical/dental office: A facility housing less than three medical or dental professionals or paraprofessionals. Medical, dental and hospital equipment supplies and sales: The sale of medical/dental equipment and supplies including, but not limited to, uniforms, prosthetics, pharmacy, optics, and corrective appliances. Attachment 1 Metal fabrication: The fabrication of metal products including chain and cable manufacture, sheet metal fabrication, machining, welding and punching. Metal plating: The electroplating, galvanizing and dip plating of various kinds of metal. Metal processes, hot: Metal processes including blast furnace, coke oven, die casting, drop hammer or forge, metal reduction, reclamation, and refining. Mineral product manufacturing, nonmetallic: The manufacture of brick, cement, gypsum, lime, plaster of paris, tile, stoneware, earthenware and terra cotta. Mineral resource lands: Lands primarily devoted to the extraction of minerals with potential for long-term commercial significance (WAC 365-190-030(13)). Mining: Mineral extraction, not including oil and gas. Mobile food vendors: Itinerant vendors of prepared foods and beverages. Model home: The temporary use of one or more single-family residential units for the marketing and promotion of residential subdivisions. Multiple building complex: A group of structures, or a single structure, with dividing walls and separate entrances for each business, housing retail businesses, offices, commercial ventures or independent or separate parts of a business which share the same lot, access and/or parking facilities. Museum: A premises housing the display of antiquities or artifacts of historical or artistic significance. Music store: The retail sale of recorded music, musical instruments, sheet music and similar items. MUTCD: The U.S. Department of Transportation Manual on Uniform Traffic Control Devices. NAICS: North American Industry Classification System. Neighborhood: A geographic area or subarea bounded by distinct physical boundaries, such as major or minor arterials, geologic formations, broad open spaces and similar features, centered around common interests or facilities. New construction: Structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this appendix. Attachment 1 New manufactured home park or subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations. Nonconforming: A lot, use, building, or structure, which was legal when commenced or built, but which does not conform to subsequently enacted or amended regulations pursuant to SVMC 19.20.060. Nonconforming use, shoreline: A use located within thc shoreline jurisdiction which docs not conform to thc requirements of the Shoreline Management Act (Chapter 90.58 RCW). Nursing home: See "Convalescent home/nursing home." Occupancy: The type of construction required based on the use of the structure as established by adopted building codes. Office: A business office maintained as a principal use including, but not limited to, insurance, sales, legal or other professional office, but does not include medical or dental clinics. See also "Medical/dental clinic." Office supply and computer sales: The retail sale of office supplies and office equipment, including computers, copiers and communication equipment. Off-road recreational vehicle use: The operation of any gas -powered motorized vehicle including, but not limited to, motorcycles and/or all -terrain vehicles, on private property for recreational purposes. This definition does not include vehicles used for yard or garden work in residential areas. Off-street parking: The amount of vehicular parking to be provided on private property for a specified use. Open space: An area accessible to and permanently reserved for the common use and enjoyment of the occupants of residential uses for landscaping, leisure and recreational purposes. Open space does not include area devoted to parking, accessory uses, landscaping required pursuant to this code, drainage easements, border easements or building separation required under adopted building codes. Opponent of record: A person who has provided verbal or written testimony in opposition to a proposal/project before or during the public testimony portion of a hearing, or filled out and submitted a party of record notice indicating opposition prior to the close of the public hearing. Attachment 1 Orchard, tree farming, commercial: A planting of trees producing fruit and/or nuts and the cultivation of trees for the purpose of sale. the ordinary high water mark cannot bc found, the ordinary high watcr mark adjoining frcshwatcr shall bc the line of mean high water. Overlay zone: A zoning designation that supplements the provisions of the underlying zone within a specified geographic area. Owner(s): Any person, partnership, corporation, association, unincorporated organization, trust or any other legal commercial entity having sufficient proprietary interest to authorize development of land. Owner's agent: Any person authorized to act on behalf of the owner of real property. Paper product manufacturing: The manufacture of paper products. Paper/pulp mills: Manufacturing plants producing paper and paper pulp from timber. Park-and-ride facility: A parking area or structure used for the temporary storage of motor vehicles for individuals using public transit or car/van pools. Park, public: A site designated or developed for recreational use by the public including, but not limited to, indoor facilities such as museums, swimming pools and skating rinks, and outdoor facilities such as athletic fields, community gardens, playgrounds, fishing areas, and areas and trails for hikers, equestrians, bicyclists, or off-road recreational vehicle users. Accessory uses include concessions, maintenance facilities, caretakers' dwellings, and parking facilities. Parking area, satellite: A parking area more than 300 feet away from the establishment, building, structure, or use which it is designed to serve. Parking facility: A parking area, building, or structure used for the specific purpose of parking or storage of motor vehicles. Attachment 1 Parking facility, controlled access: A parking garage or surface lot controlling patron access using attendants or ticket dispensers. Party of record: A person who has provided verbal or written testimony in or regarding a public hearing on a land use action. Paved surface: A paved surface shall consist of asphalt, Portland cement, concrete or equivalent material laid to City specifications. Pawn shop: An establishment where money is loaned on the security of personal property pledged in the keeping of the owner or proprietor. Also includes the retail sales of used items. Performance surety: A financial guarantee that infrastructure required for a project will be constructed and certified according to the accepted plans and specifications and all applicable standards. Permitted use: An allowable activity or use within a zoning district. Person: A corporation, company, association, society, firm, partnership or joint stock company, as well as an individual, a state, and all political subdivisions of a state or any agency or instrumentality thereof. Person or party having standing: Any party of record. Personal services: Services including, but not limited to, barber shops/beauty salons, nail salons, tanning salons, specialty boutiques, day spas and similar services. Pet shop: The retail sale of household pets and pet supplies and equipment. Petroleum and coal products manufacture: The manufacture of petroleum and coal products including lubricating oil and oil compounding. Photographic studio: A retail establishment that provides portrait and other photographic services. Pipeline: Gravity or pressurized pipelines for the long-distance transmission of water, petroleum products, natural gas, and other commodities such as ores in the form of slurries. Planned residential development (PRD): A residential development project meeting the requirements of Chapter 19.50 SVMC characterized by flexibility in the regulations of a residential zoning district. Attachment 1 Planning agency: The Spokane Valley community development department, together with its planning commission. Planning commission: See "Commission." Plastic and rubber product manufacture: A chemical manufacturing process utilizing resin and synthetic compounds for plastics and rubber. Plastic molding (thermoplastic): A process of converting pelletized plastic into molds using heat, without the use of solvents or volatile organic compounds (VOC). Thermoplastic resins can be melted, formed and resolidified. Thermoplastic processes include injection molding, blow molding, injection blow molding, rotational molding, roto -molding, and extrusion molding. Does not include solvent molding. Plastic molding (thermoset): An injection molding process which uses heat, industrial processes and solvents to create plastic forms which cannot be reformed. Thermoset processes include bag molding, cold molding, jet molding, pulp molding, transfer molding and compression molding. Plastic solvent molding: Also known as dip molding, forms thermoplastic articles by dipping a male mold and drawing off the solvent to leave a plastic film adhering to the mold. Pollution generating impervious surface (PGIS): Surfaces that are subject to vehicular use, industrial activities, or storage of erodible or leachable materials that receive direct rainfall, or run-on or blow-in rainfall. Metal roofs are PGIS unless coated with an inert, nonleachable material. Roofs that are subject to venting of commercial or industrial pollutants are also considered PGIS. A surface, whether paved or not, shall be considered PGIS if it is regularly used by motor vehicles. The following are considered regularly used surfaces: roads, graveled and/or paved road shoulders, bike lanes within the traveled lane of a roadway, driveways, parking lots, unfenced fire lanes, vehicular storage yards, and airport runways. Post office, postal center: A facility owned or operated under contract with the U.S. Postal Service for the delivery of mail and packages. Precision instrument runway: An existing or planned runway with instrument approach utilizing an instrument landing system (ILS), or precision approach radar (PAR) as prescribed by the Federal Aviation Administration. Principal dwelling unit: The principal structure on a lot that is the main residence to which the property is devoted. Attachment 1 Principal structure: The principal building or other structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. Principal use: The predominant use to which the lot or property is or may be devoted and to which all other uses are accessory. Print shop: Retail print services, including blueprinting, photostat copies, copier and other business support services. Printing, reprographics and bookbinding: Commercial printing including engraving, manifold form printing and book binding. Professional civil engineering geologist: A geologist experienced and knowledgeable in engineering geology and licensed by the state of Washington to practice. Professional engineer: A civil engineer licensed in Washington under Chapter 18.43 RCW who is qualified by examination and/or experience to practice in the fields of civil, geotechnical and/or soils engineering. Professional inspection: The observation and testing to determine conformance with project plans and specifications required by this code performed by a professional civil engineer and/or professional civil engineering geologist. Such inspection includes 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. Prohibited use: A use not specifically enumerated as a permitted use, accessory use, a conditional use, a temporary use, or a legal nonconforming use. Project permit: Any land use or environmental permit or license required for development or construction including, but not limited to, building permits, short plats, subdivisions, binding site plans, planned unit developments, conditional uses, variances, shoreline permits, site plan review, permits or approvals required by Chapter 21.40 SVMC, Critical Areas, site-specific zone reclassifications, manufactured home parks, and change of condition request. Proper functioning condition (PFC): A methodology for assessing the physical functioning of riparian and wetland areas, which describes both the assessment process and a defined on -the -ground condition of a riparian or wetland area. Attachment 1 Public utility: A regulated public or private enterprise with an exclusive franchise for providing a public service paid for directly by the recipient of that service. Public utility local distribution facility: Any building, structure, or device which transfers directly to the public the service or supply provided by a public utility, including telephone, electric, gas, cable television, water and sewer, and all other facilities, equipment and structures necessary for conducting a local distribution service by a government or public utility. Public utility transmission facility: Any building, structure, or device which does not directly transfer to the public the service or supply provided by a public utility, including telephone, electric (greater than 55 KV), gas, cable television, water and sewer, and all other facilities, equipment, and structures, including substations, switching stations, and reservoirs. Racecourse: An outdoor track or course laid out for competition, testing, practice or use by motorized vehicles including, but not limited to, automobiles, go-carts, all -terrain vehicles, mopeds, scooters, snowmobiles, motorcycles, remote-controlled cars and airplanes. See also "Entertainment/recreation, commercial (outdoor)." Racetrack: A state -licensed facility permitting competitive racing of vehicles, horses and dogs. Radio/TV broadcasting studio: Facilities serving the broadcast media. Railroad yard, repair shop and roundhouse: Facilities serving railroad operations. Record: The official file, exhibits, maps and slides including the tape recorded proceedings or transcription thereof. Record of survey: A survey prepared and sealed by a registered Washington surveyor identifying the boundaries of land and real property, and the location or placement of other improvements. Recreational facility, indoor: A place designed and equipped for the conduct of sports and leisure -time activities within an enclosed space. Examples include gymnasiums, amusement arcades, health and fitness clubs, indoor tennis and racquetball courts, bowling alleys, and indoor swimming pools. This definition excludes indoor sports arenas, auditoriums, and exhibition halls. Recreational vehicle (RV): A vehicular -type built on a single chassis designed as temporary living quarters for recreational, camping, or travel use, with or without motor power including, but not limited to, travel trailers, truck campers, camping trailers and self-propelled motor homes. Attachment 1 Recreational vehicle park/campground: An area where facilities are provided for recreational or camping vehicles or travel trailers, tents or other portable habitation, utilized by the public as a place for camping, vacationing, or temporary usage, which are in place for not more than 30 days. The park may include certain recreational or service facilities for the use of the residents of the park. Recreational vehicle sales and service: An area for the display, sales and service of recreational vehicles. Recycling facility: A facility that accepts recyclable materials and may perform some processing activities. The principal function is to separate and store materials that are ready for shipment to end-use markets, such as paper mills, aluminum smelters or plastic manufacturing plants. Processing activities may include baling, compacting, flattening, grinding, crushing, mechanical sorting, or cleaning. Repeater facility: A facility for the noncommercial reception and retransmission of radio signals. Restaurant, drive-in: An establishment designed and constructed to serve food and beverages for consumption on the premises, in an automobile or for carry -out for off -premises consumption and which establishment may or may not have on -premises dining room or counter. Restaurant, drive-through: An establishment serving food to the general public with designated dining areas and allowing carry -out window(s) serving a single lane of automobiles for the purpose of serving food to go where food consumption is not allowed in automobiles on the premises. Restaurant, full service: An establishment serving food and beverages to the general public in specific designated dining areas. Retail sales: An establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Retaining wall: Any wall not an integral part of a building, used to resist the lateral displacement of earth material. Riding stable: A commercial enterprise renting horses and providing equestrian instruction. Right-of-way: The land area provided by dedication for public use for streets, utilities, walks, and other uses, also providing access to adjoining properties. Attachment 1 Riparian management zone (RMZ): A fish and wildlife conservation buffer established pursuant to Chapter 21.40 SVMC. Roadway: The paved or improved portion of a street/road, designed or ordinarily used for vehicular travel including shoulders, auxiliary lanes, curbs, sidewalks, etc. Rolling mill: Primary metal manufacturing including the rolling and drawing of purchased metals. Roof: A structural covering over any portion of a building or structure, including the projections beyond the walls or supports of the building or structure. Runway: Any existing or planned paved surface or turf -covered area of an airport which is specifically designed and used, or planned to be used, for the landing and/or taking off of aircraft. Schools: Public and private institutions of learning offering instruction from kindergarten to grade 12 required by the Education Code of the State of Washington. Schools, professional, vocational and trade schools: Post -secondary professional and training education. Secondhand store/consignment sales: The sale and resale of used merchandise including thrift shops and consignment shops. Secure residential treatment facility: See "Essential public facility." SEPA: The Washington State Environmental Policy Act of 1971, and administrative codes developed pursuant thereto or any amendments thereto. Shared access: A common point of vehicle and pedestrian access from a right-of-way, or a vehicular access easement or tract for more than one lot or use. Shorelands or shoreland areas: Those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high-water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes (RCW 98.58.030(2)(d)). Shoreline environment: The classification of shorelines based on the existing use pattern, the biological and physical character of the shoreline, consistent with WAC 173 26 211(1) and (5). Attachment 1 Shoreline master program: Locally adopted plans and regulations governing uses and activities within the shorelines of the state and shorelines of statewide significance identified in the Spokane Valley Comprehensive Plan. Shoreline of statewide significance: A natural river or segment thereof east of the crest of the Cascade range downstream of a point where the mean annual flow is measured at 200 cubic feet per second or more and lakes or impoundments of 1,000 or more acres (RCW 98.58.030(2)(f)). Shoreline of the state: All of the water areas of the state, including reservoirs, and their associated shorelands, together with the lands underlying them; except: 1. Shorelines of statewide significance; 2. Shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second or less and the wetlands associated with such upstream segments; and 3. Shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes. (RCW 98.58.030(2)(e).) Shorelines of statewide significance are shorelines of the state. Shoreline protection: Structural and nonstructural methods to control flooding or address erosion impacts to property and dwellings or othcr structures caused by natural proccsccs, such as currcnt, flood, wind, or wave action. Shoreline restoration: The revegetation of a shoreline site cleared of vegetation and not covered by structures or occupied by other improvements following completion of a project. Shoreline substantial development: Any development of which the total cost or fair market value exceed the shoreline of the state. Sign: A visual communication device, structure, or fixture which is visible from any right-of-way and is intended to aid in promoting the sale of products, goods, services, events or to identify a building using graphics, letters, figures, symbols, trademarks or written copies. Sign types include: • Abandoned structure: A sign support structure upon which a sign is located when the advertised business is no longer conducted on the premises. Attachment 1 • Banner: A temporary sign of lightweight material mounted to a pole or building. • Mural: A work of art applied directly to an exterior surface where forms and/or figures are the dominant elements and not containing any copy. • Name plate: A sign showing only the name and address of the owner or occupant of the premises. • Reader board: A sign face consisting of tracks to hold readily changeable letters allowing frequent changes of copy. • Sign: Any board, poster, placard, banner, flag, pennant, streamer, or similar structure, electronic or otherwise which is constructed, placed, attached, painted or fastened in any manner for the purpose of attracting attention of the public to any place, person, entity, or business. • Sign, abandoned: A copy sign that advertises a product or service no longer available or a business no longer in operation; a sign which is illegible, in disrepair, or a safety hazard as a result of lack of maintenance; or a nonconforming sign that has lost its nonconforming rights. • Sign area: The gross surface area of the sign. • Sign, billboard: A structure for the purpose of leasing advertising space to promote an interest other than that of an individual, business, product or service available on the premises on which the structure is located. • Sign, copy: Letters, characters, illustrations, logos, graphics, symbols, writing or any combination thereof designed to communicate information of any kind, or to advertise, announce or identify a person, entity, business, business product, or to advertise the sale, rental or lease of premises. • Sign, copy area: The area of the sign containing any copy, symbol, sign, logo or graphic. • Sign, decorative emblem (or standard): A one- or two-sided sign with or without copy that is securely attached by grommets to the top and bottom of a mounting bracket attached to a permanently installed lighting fixture. • Sign, directional: Any sign relating solely to internal pedestrian and vehicular traffic circulation within a complex or project. • Sign, electronic: A sign that can be changed by electrical, electronic or computerized process; inclusive of video boards. Attachment 1 • Sign, flashing: An electrical sign or portion thereof which changes light intensity in a brief, brilliant, or sudden and transient outburst of light causing a steady on and off, glittering, sparkling, or oscillating pattern. • Sign, freestanding: A permanent sign not attached to or forming part of a building. • Sign, freeway: A permanent freestanding on -premises sign or billboard located on a parcel adjacent and contiguous to Interstate Highway 90. • Sign, inflatable: Any temporary hollow item or character expanded or enlarged by the use of air or gas. • Sign, menu board: An on-site display of menu items at a restaurant; not meant to be viewed from the street. • Sign, monument: A sign and supporting structure constructed as a solid structure or one that gives the appearance of a continuous, non -hollow, unbroken mass. • Sign, multi -business complex: A sign with a primary facility name and a list of the individual stores or businesses mounted on one structural element. Such a sign type includes signage describing a mall arrangement, a strip -center development, an industrial park complex, or a multi -business structure or complex of buildings with a unifying name and a listing of businesses contained within the grouping. • Sign, nonconforming: Any sign which was lawfully erected and maintained on private property which now, as a result of code amendments, does not conform to all applicable regulations and restrictions of this code. • Sign, notice: A sign intended to safeguard the premises (e.g., "No Parking," "No Trespassing," "Watch Dog on Duty"); or which identifies emergency telephone number, hours, and security information. • Sign, official: A sign erected by a governmental agency within its territorial jurisdiction for the purpose of carrying out an official duty or responsibility and including, but not limited to, traffic signs and signals, zoning signs, and street signs. Special lighting or banners celebrating seasonal or civic events sponsored and/or endorsed by the city council may be official signs. • Sign, off -premises: A sign which advertises or directs attention to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located. Attachment 1 • Sign, on -premises: A sign which advertises or directs attention to a business, person, organization, activity, event, place, service, or product which is manufactured and/or available on the premises where the sign is located. • Sign, permanent: Signs permanently affixed to a pole, monument, or building. Including decorative emblems (or standards) affixed by rope, cords, wires, or mechanical devices. • Sign, pole: A permanent freestanding sign supported wholly by a pole or poles permanently affixed to the ground and not attached to a building or structure. • Sign, POP — Point of purchase: A sign relating to the place, such as a supermarket aisle or soda machine, where a decision to purchase is made. • Sign, portable: A sign not permanently attached or affixed to the ground or other permanent structure, or a sign designed to be transported or moved from place to place including, but not limited to, signs designed to be transported by means of skids, or wheels, and including reader boards, and A -frame signs. • Sign, roof: A sign supported by and erected on or above a roof that does not meet the requirements of a wall sign. • Sign, support structure(s): Posts or columns and the anchors and bolts that structurally support the sign attached to it. • Sign, temporary: Banners, pennants, flags, streamers, searchlights, inflatables, special event signage or temporary on -premises commercial signs posted in conjunction with the alteration, construction, sale or lease of real property. • Sign, three -sided: A sign with three faces. • Sign, two-sided: A sign with two faces. • Sign, wall (attached): A permanent sign attached or erected parallel to and extending not more than 15 inches from the facade or face of any building to which it is attached and supported throughout its entire length, with the exposed face of the sign parallel to the plane of said wall or facade. Signs incorporated into mansard roofs, marquees or canopies are wall signs. Attachment 1 • Wall area: The two-dimensional representation of a building elevation, including windows and doors, excluding eaves. Sign manufacturing/repair: The manufacture of commercial signs and sign support structures. Sign painting shop: The painting, etching or printing of sign copy. Site: Any lot or parcel of land or contiguous combination thereof, under a single ownership or control, proposed for development, where grading is performed or permitted. Site development plan: A plan drawn to scale for one or more lots, parcels or tracts on which is shown the existing and proposed conditions of the lot, tract or parcel. Site drainage plan: A plan prepared by a professional engineer licensed in the state of Washington that identifies the stormwater control area, stormwater facilities and other measures reasonably required by the director. The plan shall contain analysis and recommendations based upon the City standards. Slope: An inclined ground surface the inclination of which is a ratio of vertical distance to horizontal distance, expressed as a percentage. Soap and cleaning compound manufacturing: The manufacture of soaps, detergents and cleaning chemicals and solvents. Soil: A natural aggregate of mineral grains that can be separated by such gentle mechanical means as agitation in water. Solid waste: All putrescible and nonputrescible solid and semisolid material including, but not limited to, garbage, refuse, bulky wastes, inert waste, agricultural solid waste, sewage sludge and demolition and construction wastes. Solid waste recycling/transfer site: A site storing solid waste or recyclable materials, prior to transport to a central disposal or collection location. Special flood hazard areas (SFHA): The land area covered by the flood waters of the base flood is the SFHA on the National Flood Insurance Program (NFIP) maps. The SFHA is the area where the NFIP's floodplain management regulations must be enforced and the area where the mandatory purchase of flood insurance applies. Attachment 1 Specialized training/learning schools/studios: A facility providing specialized classes to persons of all ages including, but not limited to, gymnastics, fitness, martial arts and dance. Spoil: Any material removed from an excavation. Standard soils: Soils comprised of the Natural Resources Conservation District groups: Garrison, Springdale, Bonner, and Hagen. Start of construction: Includes substantial improvement, and the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Storage, general indoor: The storage of equipment, merchandise and supplies within an enclosed structure. Storage, general outdoor: The storage of any equipment, machinery, commodities, raw, semi -finished materials, and building materials, which is visible from any point on the building lot line when viewed from ground level to six feet above ground level. The outdoor display of motor vehicles, equipment for sale or lease, manufactured housing or landscaping and nursery stock available for sale to the public is not general outdoor storage. Storage, self-service facility: A facility including buildings and/or structures containing spaces of varying sizes leased, rented or sold on an individual basis and used exclusively for the storage of excess property and outdoor storage of vehicles and boats. Stormwater: That portion of precipitation or snow melt that has not naturally percolated into the ground or otherwise evaporated, but is contained, transported or flowing above ground through streets, swales, channels, pipes, artificial or natural surfaces. Attachment 1 Stormwater drainage facility: Constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, evaporate, divert, treat or filter stormwater. Stormwater facilities include, but are not limited to, pipes, ditches, culverts, street gutters, detention ponds, retention ponds, evaporation ponds, constructed wetlands, infiltration devices, catch basins, oil/water separators and swales. Stormwater facility: The drainage system including, but not limited to, drywell, channel, inlet, curb drop, swale, ditch, detention, retention, and/or infiltration facility designed to contain and control stormwater. Street, arterial, minor: Roadways identified in the Spokane Valley Comprehensive Plan providing for interconnection with and augmentation of the principal arterial system and providing local mobility. Street, arterial, principal: Roadways identified in the Spokane Valley Comprehensive Plan providing for regional mobility. Street, collector: Roadways identified in the Spokane Valley Comprehensive Plan providing for both land access and traffic circulation within residential neighborhoods and commercial and industrial areas. Street, flanking: One of the two streets abutting a corner lot which is not parallel with the lot front line. Street, local access: A street providing access to abutting property. Structure: Any construction, including a building or any portion thereof, erected for the purposes of support, shelter or enclosure of persons, animals or property of any kind, including swimming pools, decks in excess of 30 inches in height, and roof overhangs exceeding three feet. A fence of six feet or less in height is not a structure, nor a masonry, brick, concrete, or cinder block wall of less than four feet in height. Subdivision: The subdivision of land into two or more parts for the purpose of establishing building sites, and including both short subdivisions and long subdivisions. Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before -damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: 1. Before the improvement or repair is started; or Attachment 1 2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or 2. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. Swale: A constructed depression for the treatment and disposal of stormwater runoff. The swale shall be designed by an engineer licensed in the state of Washington. Tailor: A personal service providing alterations and fittings for apparel. Tank storage (LPG): The storage of liquefied petroleum gas or its component gases. Tank storage, critical materials: The storage of critical materials identified in Appendix 21-G (SVMC 21.40.060), including but not limited to gasoline, kerosene, diesel, lubricating oils, and solvents. Tanning and curing of hides: The preparation of animal hides and skins for the manufacture of leather products. Tavern: A retail establishment serving alcoholic beverages with incidental food service. Taxidermy: The operation of preserving, stuffing and mounting the skins of dead birds and animals for exhibition. Telecommunications: The transmission, between or among points specified by the user, of audio and/or visual information and data of the user's choosing, without change in the form or content of the information as sent and received. Attachment 1 • Alternative mounting structure: A water tower, manmade tree, clock tower, church steeple, bell tower, utility pole, light standard, freestanding sign, flagpole, or similar structure designed to support and camouflage or conceal the presence of telecommunications antennas. • Antenna: A structure or device used to collect or radiate radio, television, or microwave electromagnetic waves, including directional antennas, such as panels, wireless cable and satellite dishes, and omni -directional antennas, such as whips, but not including satellite earth stations or noncommercial antennas installations for home use of radio or television. • Array: An arrangement of antennas and their supporting structure. • Collocation: A single telecommunications tower and/or site used by more than one telecommunications service provider. • Dish: A parabolic or bowl shaped device that receives and/or transmits signals in a specific directional pattern. • EIA -222: Electronics Industries Association Standard 222, "Structural Standards for Steel Antenna Towers and Antennas Support Structures." • Electric transmission: A self-supporting structure in excess of 50 feet in height designed to support high voltage electric lines. This does not include local utility or distribution poles (with or without transformers) designed to provide electric service to individual customers. • Guyed, tower: Any telecommunications tower supported in whole or in part by cables anchored to the ground. • Height: The distance measured from grade to the highest point of any and all components of the structure, including antennas, hazard lighting, and other appurtenances, if any. • Monopole: A self-supporting telecommunications tower, which consists of a single vertical pole, fixed into the ground and/or attached to a foundation. • Panel: An antenna which receives and/or transmits signals in a directional pattern. • Self-supporting lattice tower: A telecommunications tower that consists of an open network of metal braces, usually triangular or square in cross-section. Attachment 1 • Service: The offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. • Stealth: A telecommunications antenna that is effectively camouflaged or concealed from view. • Telecommunications antenna: An antenna used to provide a telecommunications service. This excludes lightning rods, private mobile radio systems, amateur radio antennas less than 35 feet in height in residential districts and 50 feet in height in nonresidential districts, and whip antennas less than four inches (10 cm) in diameter and less than 10 feet in height. • Tower: A self-supporting or guyed structure more than 20 feet in height, built primarily to support one or more telecommunications antennas. Does not include ham operator or wind turbine support towers. • Whip antenna: An omni -directional dipole antenna of cylindrical shape which is no more than six inches in diameter. Temporary use: A use permitted for a limited period of time or pending the occurrence of an event. Textile manufacture: The manufacture of textiles, carpet, canvas and cordage, including knitting. Theater: A structure or area designed for the presentation of live performances, including dramatic works, concerts, and motion pictures. Threshold requirements: The level of development, volume, or peak flow of stormwater that must be controlled. Tire recap and retread manufacture: The process of refurbishing and retreading used vehicle tires. Title notice: A document recorded with the county auditor for the purpose of disclosure to a prospective purchaser, lender or other interested party of important information, special conditions, restrictions, and/or circumstances that affect real property. Tower, ham operator: A structure less than 75 feet in height above grade used for two-way communication for hobby or emergency service purposes by private individuals. Tower, wind turbine support: A structure not enclosed with exterior walls used for the production of energy such as a wind turbine tower. (Public utility towers used for the distribution or transmission of electricity and wireless communication support towers are not included in this definition.) Attachment 1 Transit center: A facility serving transit patrons which may serve as a transfer point between different transportation modes and routes, and providing parking. Transitional housing: Congregate living facilities for temporarily displaced individuals and families with an on- site resident manager including, but not limited to, homeless and protective shelters. Detention and post - detention facilities, hospital, psychiatric and/or substance abuse and secure community transition facilities are not transitional housing. Truck sales, rental, repair and maintenance: Land and facilities offering the sale, service and maintenance of motor vehicles and cargo trailers with a manufacturer's gross vehicle weight in excess of one ton. Truck stop: A facility providing parking, fueling, and restaurant services for large trucks, and may include truck washing facilities, sleeping accommodations and showers for drivers. Underground injection control (UIC) well: A manmade subsurface fluid distribution system designed to discharge fluids into the ground and consists of an assemblage of perforated pipes, drain tiles, or other similar mechanisms, or a dug hole that is deeper than the largest surface dimension (WAC 173-218-030). Subsurface infiltration systems include drywells, pipe or French drains, drain fields, and other similar devices that are used to discharge stormwater directly into the ground. Upholstery shop: A retail service for the upholstery and re -upholstery of furniture. Variance: An adjustment to the strict application of regulations to a particular piece of real property which, because of special circumstances, is deprived of privileges commonly enjoyed by other properties in the vicinity and similar zone classification. The adjustment remedies the disparity in privileges; provided, that a variance granted shall not authorize a use otherwise prohibited in the zone classification in which the property is located. Veterinary hospital or clinic, large animal: An establishment providing veterinary medical services and similar services to livestock, such as horses, cows, donkeys, sheep, pigs, and similar animals, and may include outdoor pens. Veterinary hospital or clinic, small animal: An establishment other than a kennel in which veterinary medical services, clipping, bathing, boarding and similar services are rendered to dogs, cats and other small animals and domestic pets. Warehouse: A structure in which more than 50 percent of the ground floor area is utilized for the storage of products, which is not the office or showroom area of the building. Attachment 1 Warranty surety: A financial guarantee against defects in the construction of all required infrastructure for a project. Water dependent: A use or activity dependent on a waterfront location including, but not limited to, bridges, diversion structures and facilities for water supply, irrigation and/or fisheries enhancement; flood water and drainage pumping plants and facilities; hydroelectric generating facilities and appurtenant structures; structural facilities that provide water sports equipment and services, restaurants providing water views, recreational vehicle parks, and public parks. quantities of water. Welding: The process of uniting metal parts through heat and/or pressure. Wetland: An area characterized by saturated or nearly saturated soils most of the year that forms an interface between terrestrial (land-based) and aquatic environments. Wetlands include marshes around lakes or ponds and along river or stream channels. Wholesale business: Those businesses which sell, broker, transfer, receive or otherwise handle volume commodities for fabrication, resale or internal commercial or industrial consumption. Wood product manufacturing: The manufacture of wood products, such as lumber, plywood, veneers, wood containers, wood flooring, wood trusses, and prefabricated wood buildings. The production processes include sawing, planing, shaping, laminating, and assembling of wood products starting from logs that are cut into bolts, or lumber that then may be further cut, or shaped by lathes or other shaping tools. Wrecking, junk and salvage yards: Any area, lot, land, parcel, building, structure or part thereof where waste or discarded or salvaged materials are exchanged, handled, bought, sold, baled, packed, stripped, stored, dumped or disassembled including, but not limited to, inoperable vehicles, tires, machines or remnants thereof, and/or metals, paper, rags, tires and bottles. WRIA: Water resources inventory area. Attachment 1 Xeriscaping: A planting practice that relies on minimal or no irrigation, eliminating heavily watered landscaping in favor of those that combine low water requirements with plants adapted to the region. Yard: An open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward. • Flanking street yard: That unoccupied area of a lot which is coterminous with a flanking street bounded by the front yard and rear yard and the flanking street yard depth. • Front yard: An area extending across the full width of a lot and lying in between the front lot line and building setback line. The front yard is usually the location of the main entrance to the building and/or its orientation to the primary street. • Rear yard: An area extending across the full width of the lot and lying between the lot rear line and that portion of a proposed or existing building or structure closest to the lot rear line or between the lot rear line and the required rear yard depth in each classification when no building or structure exists or is proposed. • Side yard: That area of a lot that is unoccupied and which is not a front yard, a rear yard nor a flanking street yard. Zero lot line development: A residential development for single-family detached where each dwelling is located in close proximity to an interior side property line, with a minimum side yard maintained between each adjacent residence. Zone, zoning district: A use classification established for the purpose of promoting orderly and efficient development of land compatible with surrounding areas implementing the Comprehensive Plan. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 15, 2015 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Resolution No. 15-011 Repealing Previous Resolutions accepting drafts of the various parts of the Shoreline Master Program (SMP). GOVERNING LEGISLATION: Shoreline Management Act (SMA) RCW 90.58; (WAC 173-26). PREVIOUS COUNCIL ACTION TAKEN: On December 1, 2015, Council advanced the final adoption of the SMP to the Ordinance first reading; on December 8, 2015 the Ordinance was advanced to a second reading. BACKGROUND: The City conducted a comprehensive SMP update consistent with the SMA and its implementing guidelines (WAC 173-26) to develop its 2015 SMP. During the development of the SMP, individual components of the SMP update were reviewed separately and accepted by Council resolution, recognizing that as each component was completed, it would be used as a base upon which to develop the remainder of the City's SMP. On August 20, 2015, the Department of Ecology (Ecology) approved the document as submitted and the document became effective on September 3, 2015. Now, the City must complete the process to replace the existing SMP, which is currently set forth in chapter 21.50 SVMC, by adopting the 2015 SMP approved by Ecology. Concurrently, to avoid confusion, the City will repeal the prior resolutions that accepted drafts of various parts of the 2015 SMP. The SMP and shoreline regulations, which are Chapter 4 of the 2015 SMP, will be adopted by separate action through adoption of Ordinance No. 15-024, also scheduled for the December 15th Council meeting. OPTIONS: Move to approve with or without further amendments; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to approve Resolution No. 15-011 repealing Resolution numbers 10-014, 12-004, 12-007, 12-012, 13-001, and 14-009, which accepted individual components of the Draft SMP. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Lori Barlow, AICP, Senior Planner ATTACHMENTS: Proposed Resolution 15-011 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 15-011 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REPEALING RESOLUTION NUMBERS 09-016, 10-014, 12-004, 12- 007, 12-012, 13-001, AND 14-009 WHICH ACCEPTED INDIVIDUAL COMPONENTS OF THE DRAFT SHORELINE MASTER PROGRAM; AND OTHER MATTERS RELATING THERETO. WHEREAS, the City initiated a Shoreline Master Program (SMP) Update process in 2009; and WHEREAS, on October 27, 2009, the City Council ("Council") reviewed and accepted by Resolution No. 09-016, a public participation plan for the Shoreline Management Program Update; and WHEREAS, the public participation plan specifies the public involvement plan overview; and WHEREAS, the Shoreline Management Program Update process specifies that individual components of the Shoreline Management Program Update would be reviewed separately and accepted by Council by resolution, recognizing that as each component is completed, it will be used as a base upon which to develop the remainder of the City's Shoreline Management Program; and WHEREAS, on September 14, 2010, the first component of the Shoreline Master Program Update, the Shoreline Inventory and Characterization Report, was accepted by Resolution No. 10-014; and WHEREAS, on August 14, 2012, the second component of the Shoreline Master Program Update, the Goals and Policies, was accepted by Resolution No. 12-004; and WHEREAS, on November 13, 2012, the third component of the Shoreline Master Program Update, the Environment Designations, was accepted by Resolution No. 12-007; and WHEREAS, on December 11, 2012, the fourth component of the Shoreline Master Program Update, the Restoration Plan, was accepted by Resolution No. 12-012; and WHEREAS, on March 12, 2013, the fifth component of the Shoreline Master Program Update, the Public Access Plan, was accepted by Resolution No. 13-001; and WHEREAS, on September 9, 2014, the sixth component of the Shoreline Master Program Update, the Shoreline Development Regulations ("Development Regulations") was accepted by Resolution No. 14-009; and WHEREAS, the City Council adopted Ordinance No. 14-020 on December 9, 2014, to conclude that the SMP Update included the necessary master program elements required pursuant to WAC 173-26- 191(b), the master program basic requirements set forth in WAC 173-26-191(2), and the general master program provisions set forth in WAC 173-26-221 in order to submit the City's completed and updated SMP to the Department of Ecology (Ecology) for its review and approval; and WHEREAS, on August 20, 2015 Ecology approved the City's SMP as submitted; and WHEREAS, on September 3, 2015 the SMP became effective; and Resolution 15-011, Repealing SMP Resolutions Page 1 of 2 DRAFT WHEREAS, Ecology is required to provide a 60 -day appeal period on the final approval of the City's SMP and did not receive any appeals; and WHEREAS, the City Council desires to repeal all prior resolutions that were passed as part of the SMP Update in order to ensure there are no contradictory parts of the SMP; and WHEREAS, the City Council adopted Ordinance No. 15-024 on December 15, 2015 repealing the prior SMP and Development Regulations set forth in chapter 21.50 and Appendix 21-H of the Spokane Valley Municipal Code, and adopting the 2015 SMP and new chapter 21.50 SVMC. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section One: Repeal. The City Council's previously adopted resolution numbers 09-016, 10- 014, 12-004, 12-007, 12-012, 13-001, and 14-009, which accepted individual components of the Shoreline Master Program are hereby repealed. Section Two: Effective Date: This Resolution shall be in full force and effect upon adoption. Approved this 15th day of December 2015. ATTEST: CITY OF SPOKANE VALLEY Christine Bainbridge, City Clerk Dean Grafos, Mayor Approved as to form: Office of the City Attorney Resolution 15-011, Repealing SMP Resolutions Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 15, 2015 Check all that apply: ❑ consent ❑ old business ❑ information ❑ admin. report Department Director Approval: ® new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Consulting Services Interlocal Agreement Regarding potential development of Plante's Ferry Sports Stadium and Liberty Lake Regional Sports Complex. GOVERNING LEGISLATION: State Law RCW 36.32 and 39.34. PREVIOUS COUNCIL ACTION TAKEN: During the City Manager portion of the September 1 and 15, 2015 Council meetings, Mr. Jackson noted that City staff were reviewing an interlocal agreement concerning the City participating with Spokane County, Liberty Lake and the Central Valley School District (CVSD) to develop a contract with a consultant to conduct a study on two potential sports projects facilities, one located at Plante's Ferry and one located at Liberty Lake. This was followed up with a December 8, 2015 Administrative Report on this same topic. BACKGROUND The City of Spokane Valley continues to focus efforts on economic development activities and in 2015 engaged in the following: • In April 2015, at the request of the Lodging Tax Advisory Committee (LTAC), Council approved Resolution #15-008 that levied an additional 1.3% lodging tax, the proceeds of which are dedicated for a large sporting venue or venues for tourism facilities. We estimate this tax will generate approximately $357,500 in 2016. • In May 2015 the City entered into a contract with a consultant to perform a retail sales and gap analysis with the intent of analyzing trade capture rates and an assessment of gaps in retail offerings. The goal of the study is to develop an action -oriented retail strategy that can be leveraged by City staff as a tool for recruitment, zoning decisions and marketing. • In September 2015 the City entered into a contract with a consultant to perform a lodging and tourism analysis and strategy study with the intent of examining how tourism and hospitality benefit local economic development efforts and also investigates additional strategies for leveraging tax dollars to benefit the City's tourism economy. We are interested in better understanding the current state of tourism in the City and how it impacts the local hospitality industry as well as other tourism related businesses, and to help us consider this we have directed the consultant to investigate several key areas: o What are key drivers of tourism in the City of Spokane Valley and are there deficits in tourism offerings and associated revenues in the City? o What are the current drivers of hotel revenues and what is the City's role in fostering tourism in Spokane Valley? o What investments and strategies can the City undertake to improve tourism and what impact would they have on visitor attraction? Dovetailing with City efforts, this past summer a committee of the Greater Spokane Valley Chamber of Commerce discussed potential projects to add tournament quality outdoor sports 1 complexes to the greater Spokane Valley with the intent of drawing tourists that would generate additional hotel stays and restaurant traffic, as well as provide local schools with more fields to use. At the conclusion of a July 30th meeting, the group expressed a desire to invest in an economic impact study of two potential park projects currently under consideration by Spokane County, including the addition of a Regional Sports Complex located at Liberty Lake, and a variety of improvements to Plante's Ferry including new fields, lighting and parking. At City Council meetings held September 1 and 15, 2015, City Manager Mike Jackson noted that City staff was reviewing an interlocal agreement concerning the City's participation with Spokane County, Liberty Lake and the CVSD to develop a contract with a consultant to conduct a study on the two potential sports projects facilities noted above. At that time, discussion among the municipalities centered on contracting with the same consultant that was conducting a feasibility study on behalf of the Spokane Public Facilities District (PFD) for a sportsplex to be located in downtown Spokane. Since then however, this group opted to instead collaboratively develop a request for proposals (RFP) and select a consultant to perform the study. Cost of the study will be determined through the RFP and contract award process and be shared among the four participating municipalities at a rate of 25% each. The Sports Commission has further agreed to pay up to an additional $5,000 to address any additional work or expenses (i.e. consultant reimbursable travel) above and beyond the contracted amount. OPTIONS: Approve the interlocal agreement as presented or remand back to staff. RECOMMENDED ACTION OR MOTION: "I move to authorize the City Manager to finalize and execute the Consulting Services Interlocal Agreement Regarding potential development of Plante's Ferry Sports Stadium and Liberty Lake Regional Sports Complex." BUDGET/FINANCIAL IMPACTS: 2016 Budget impact is currently unknown but we believe the City's share of the contract will be accommodated within the existing budget. STAFF CONTACT: Mark Calhoun, Deputy City Manager ATTACHMENTS: Interlocal Agreement 2 INTERLOCAL AGREEMENT FOR CONSULTING SERVICES IN CONNECTION WITH THE DEVELOPMENT OF PLANTE'S FERRY SPORTS STADIUM AND LIBERTY LAKE REGIONAL SPORTS COMPLEX/ STADIUM THIS AGREEMENT is between SPOKANE COUNTY, a political subdivision of the State of Washington (Spokane County); the City of Spokane Valley, a municipal corporation of the State of Washington (Spokane Valley); the City of Liberty Lake, a municipal corporation of the State of Washington (Liberty Lake); the Central Valley School District, a school district of the State of Washington (CVSD); and the Spokane Regional Sports Commission (Sports Commission). Said entities are collectively referred to herein as the "Stakeholders." WITNESSETH WHEREAS, pursuant to the provisions of the RCW Section 36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business; and WHEREAS, pursuant to the provisions of the RCW 39.34.030(2), any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of chapter 39.34 RCW; and WHEREAS, the Greater Spokane Valley Chamber of Commerce has created a special committee on Outdoor Sports Complexes which was tasked with the mission "to add tournament quality outdoor sport complexes that draw tourists to the greater Spokane Valley — fills up our hotel/motels, restaurants, and retail — also gives our schools more fields to use;" and WHEREAS, the Stakeholders have an interest in understanding the feasibility and impact of sports related projects and acknowledge the potential economic impact, and WHEREAS, the Stakeholders wish to retain a consultant (Consultant) to: (1) review and evaluate two potential sports complex/stadium projects - Plante's Ferry Sports Stadium and Liberty Lake Regional Sports Complex/Stadium; and (2) complete an economic impact analysis that will identify potential economic consequences, both positive and negative, specific to each of the partner municipalities, as well as the community as a whole (Consulting Services); and WHEREAS, the Stakeholders further desire that: (1) they work collaboratively to select a Consultant to perform the Consulting Services, and enter into a contract with a Consultant to conduct the study; and (2) the Stakeholders equitably share the costs of said Consulting Services as set forth herein. NOW, THEREFORE, IT IS AGREED THAT: 1. Purpose. This Agreement is to obtain Consulting Services to (1) review and evaluate two potential sports complex/stadium projects - Plante's Ferry Sports Stadium and Liberty Lake Regional Sports Complex/Stadium; and (2) complete an economic impact analysis that will identify potential economic consequences, both positive and negative, specific to the partner municipalities, and the community as a whole. The Stakeholders desire to equitably share the costs of the Consulting Services pursuant to Section 5, Cost Sharing. Agreement for Consulting Services Page 1 of 9 2. Administration. No separate and distinct legal entity shall be created to conduct this joint undertaking. 3. Duration and Termination. This Agreement shall take effect immediately, and shall continue until terminated by the Stakeholders, until the purposes of this Agreement have been accomplished, or at 4:00 p.m. on May 31, 2016, unless the Stakeholders agree in writing to extend it. 4. Consulting Services. The Stakeholders to this agreement shall collectively and unanimously select the Consultant to perform the Consulting Services, and enter in to a contract with a Consultant for a yet to be determined amount. Each Stakeholder to this Agreement shall have co -equal rights to receive all correspondence to and from the Consultant, to determine appropriate direction to be communicated to Consultant, and to attend and participate in meetings with the Consultant. 5. Cost Sharing. The Stakeholders agree to reimburse Spokane County for the applicable proportionate share as outlined in this Section. Payment to Spokane County shall be remitted within 30 days of receiving written notification from Spokane County that the Consulting Services have been completed. Said notification shall include a copy of the study results along with an invoice for the applicable amount due. The Stakeholders shall share the costs of the Consulting Services contract as follows: • Spokane County 25% • Spokane Valley 25% • Liberty Lake 25% • CVSD 25% • Sports Commission Up to $5,000 to address any additional work or expenses (i.e. consultant reimbursable travel) above and beyond the contracted amount equally shared by Spokane County, Spokane Valley, Liberty Lake, and the CVSD. The Consultant selected will send invoices for service directly to the County. The County shall then send invoices to each of the parties to this Agreement for their share of the work following the receipt of invoices from the Consultant. Each party shall reimburse the County within 30 days of receipt of invoice. In the event one or more of the Stakeholders directs the Consultant to discontinue the Consultant Services prior to completion of the final report, then those parties shall bear the entire cost of the Consulting Services 6. Project Management. In collaboration with the Stakeholders, the County will develop a Request for Proposals for the study. Upon receipt of proposals, the municipalities that are party to this agreement shall jointly and unanimously select the Consultant, who shall provide the services described in the Request for Proposals to each of these agencies. Agreement for Consulting Services Page 2 of 9 7. Severability. If any provision of this Agreement or its application to any person or circumstance is held invalid, the remainder of the provisions and/or the application of the provisions to other persons or circumstances shall not be affected. 8. Exercise of Rights or Remedies. Failure of any Stakeholder to exercise any rights or remedies under this Agreement shall not be a waiver of any obligation by said party and shall not prevent said party from pursuing that right at any future time. 9. Records. Each Stakeholder shall maintain adequate records to document obligations performed under this Agreement. Subject to all applicable laws and regulations governing the records maintained in performance of this Agreement, each Stakeholder and the Washington State Auditor shall have the right to review the other Stakeholders' records with regard to the subject matter of this Agreement, upon reasonable notice. 10. Entire Agreement. This Agreement constitutes the entire Agreement between the Stakeholders. 11. Governing Law and Stipulation of Venue. This Agreement shall be governed by the laws of the State of Washington. Any action hereunder shall be brought in the Superior Court of Washington for Spokane County. 12. Recording. This Agreement shall be filed with the Spokane County Auditor and placed on its web site or other electronically retrievable public source. 13. Notice. All notices or other communications shall be deemed given on: (i) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the other Stakeholders at the address set forth below for such parties, or at such other address as any party shall from time -to -time designate by notice in writing to the other Stakeholders: SPOKANE COUNTY: Doug Chase, Director Spokane County Parks, Recreation and Golf Department 404 N. Havana Street Spokane Valley, WA 99202 dchase@spokanecounty.orq CITY OF SPOKANE VALLEY: Mike Jackson, City Manager City of Spokane Valley 11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99206 miackson@spokanevalley.orq Agreement for Consulting Services Page 3 of 9 CITY OF LIBERTY LAKE: Katy Allen, City Administrator City of Liberty Lake 22710 E. Country Vista Drive Liberty Lake, WA 99019 kallen©libertylakewa.gov CENTRAL VALLEY SCHOOL DISTRICT: Ben Small, Superintendent 19307 E. Cataldo Ave. Spokane Valley, WA 99016 bsmall@cvsd.org SPOKANE REGIONAL SPORTS COMMISSION: Eric Sawyer, President / Chief Executive Officer 714 N. Iron Bridge Way, Suite 202 Spokane, WA 99202 erics@spokanesports.org 14. Compliance With Laws. The Parties shall observe all federal, state and local laws, ordinances and regulations, to the extent that they may be applicable to the terms of this Agreement. 15. RCW 39.34 Required Clauses A. Purpose: See Section 1, above. B. Duration: See Section 3, above. C. Organization of Separate Entity and Its Powers: See Section 2, above. D. Responsibilities of the Parties: See provisions above. E. Agreement To Be Filed: See Section 11, above. F. Financing: Each party shall be responsible for the financing of its contractual obligations under its normal budgetary process. G. Termination: See Section 3, above. H. Property Upon Termination: There will be no property transferred by any party, or acquired in furtherance of this Agreement, other than the report produced by the Consultant. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date and year opposite their respective signatures. Agreement for Consulting Services Page 4 of 9 DATED this day of , 2015. SPOKANE COUNTY: BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON ATTEST: TODD MIELKE, CHAIR SHELLY O'QUINN, VICE -CHAIR Ginna Vasquez AL FRENCH, COMMISSIONER Clerk of the Board Agreement for Consulting Services Page 5 of 9 DATED this day of , 2015. CITY OF SPOKANE VALLEY: By: Mike Jackson, City Manager ATTEST: Christine Bainbridge, City Clerk Agreement for Consulting Services Page 6 of 9 DATED this day of , 2015. CITY OF LIBERTY LAKE: By: Katy Allen, City Administrator ATTEST: City Clerk Agreement for Consulting Services Page 7 of 9 DATED this day of , 2015. CENTRAL VALLEY SCHOOL DISTRICT: By: Ben Small, Superintendent Agreement for Consulting Services Page 8 of 9 DATED this day of , 2015. SPOKANE REGIONAL SPORTS COMMISSION: By: Eric Sawyer, President/ Chief Executive Officer Agreement for Consulting Services Page 9 of 9 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 15, 2015 Item: Check all that apply: ❑ Consent ❑ Information Department Director Approval: ❑ Old business ❑ New business ❑ Public Hearing ® Admin. Report ❑ Pending Legislation AGENDA ITEM TITLE: Historic Preservation Program Implementation Plan GOVERNING LEGISLATION: The Growth Management Act (GMA) RCW 36.70A.020 PREVIOUS COUNCIL ACTION TAKEN: On August 19, 2014, staff presented a brief overview of local historic preservation and special evaluations to City Council. On October 14, 2014, the City of Spokane's Historic Preservation Officer and the Deputy State Historic Preservation Officer provided more information relating to the establishment of a local historic preservation program. On February 3, 2015, staff presented an overview of the process for establishing an in-house historic preservation program, responsibilities as a Certified Local Government (CLG) and options to run the historic preservation program. On April 21, 2015, staff presented an overview of the required standards, special tax valuation agreement, and historic register listing implications. On June 30, 2015, staff presented benefits, drawbacks, and estimated costs to run the historic program. Council concurred to move forward with the establishment of the program. On September 15, 2015, staff presented Council with background and draft ordinances required to apply to become a CLG. BACKGROUND: To become a CLG, the Department of Archeology and Historic Preservation requires the adoption of the Historic Preservation Program (HPP) ordinance and Historic Preservation Commission (HPC) ordinance, development of rules and procedures and establishment of Commission members. To run the HPP, there are additional tasks that staff needs to complete. Staff has prepared a comprehensive implementation plan that consists of nine tasks: Task 1 - Staff Training Task 2 - HPP ordinance and HPC ordinance - Required to become a CLG Task 3 - Rules & Procedures for Commission - Required to become a CLG Task 4 - Amend Fee Schedule Task 5 - Develop Documents Task 6 - Appoint Commission Members - Required to become a CLG Task 7 - Apply to become a CLG Task 8 - Commission Training Task 9 - Commission Meetings These tasks are described in detail in the attached memorandum (Exhibit 1). The HPP will allow the City to receive technical assistance, apply for special grant funding, offer special tax valuation to local registered properties, and comment on federal and state historic preservation actions. Page 1 of 2 OPTIONS: Discussion only. RECOMMENDED ACTION OR MOTION: N/A BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Karen Kendall, Planner and Gloria Mantz, Development Engineer Attachments: • Exhibit 1 — Memorandum to Mike Jackson, City Manager • Exhibit 2 — Presentation Page 2of2 Spiik w� jVaueY Community E Economic Development 11707 E Sprague Ave, Suite 106 • Spokane Valley WA 99206 509.720.5240 • Fax: 509.921.1008 • planning@spokanevalley.org Memorandum To: Mike Jackson, City Manager From: John Hohman, Community & Economic Development Director Date: December 7, 2015 Re: Historic Preservation Program (HPP) Implementation Plan This memorandum presents an implementation plan to establish a Historic Preservation Program for the City and become a Certified Local Government (CLG). The required tasks are: Task 1 - Staff Training Task 2 - Historic Preservation Program (HPP) ordinance and Historic Preservation Commission (HPC) ordinance - Required to become a CLG Task 3 - Rules & Procedures for Commission - Required to become a CLG Task 4 - Amend Fee Schedule Task 5 - Developing Documents Task 6 - Appoint Commission Members - Required to become a CLG Task 7 - Apply to become a CLG Task 8 - Commission Training Task 9 - Commission Meetings Table 1: Implementation Schedule Task Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Month 10 Month 11 Month 12 1 2 3 4 5 6 7 8 9 Table 1 shows the tentative implementation schedule. Staff will receive training (task 1) throughout the implementation period. Tasks 2, 3, and 4 require various City Council actions and will be processed concurrently. Staff will develop the documents in task 5 behind the Memorandum of Historic Preservation Program (HPP) Implementation Plan Page 1of4 scenes of the formal processes to be available when City becomes a CLG. After the HPC is adopted, Commission members will be selected and appointed (task 6) and the City is eligible to apply to become a CLG (task 7). Commission training and meetings (tasks 8 and 9) will start after becoming a CLG. Each task is described in detail below. Task 1 - Staff Training In order to administer the HPP, staff needs to be trained. Training is not mandatory for staff or Commission, but highly recommended to have a good foundation for the HPP. Washington State Department of Archaeology and Historic Preservation (DAHP) offers training resources by phone and online. Based on budget allowances, DAPH may be able to also come to the City to train staff and/or the Commission. Once authorized to proceed, staff will begin training using the resources offered by DAHP. Staff will also attend training in Tacoma and Spokane, WA. Training is expected to occur throughout the first year of the program. Task 2 - HPP and HPC ordinances The HPP ordinance will populated Chapter 19.100 of the Spokane Valley Municipal Code (SVMC). The HPP ordinance establishes: • The Spokane Valley Register (Register); • The process for designating properties to be included in or removed from the Register; • The process for altering or demolishing Registered properties; and • The criteria and requirements to qualify for special tax valuation. The HPC will create Chapter 18.60 of the SVMC. The HPC ordinance establishes: • The qualification of the commission members, how they will be appointed and selected, the number of members and terms; • How meetings will be conducted and their frequency; and • The duties and responsibilities of the commission. Staff has prepared a draft HPP and HPC ordinances that have been reviewed by City legal staff and also by DAHP. Staff needs to conduct an environmental review which is expected to take six weeks. To begin the adoption process, staff needs to send notice of public hearing to staff/agencies, publish it in the newspaper and post it on the City's website. Adoption then follows the City's typical process that requires a minimum of three touches with the Planning Commission and three touches with City Council. Additional meetings with Planning Commission and City Council may be necessary depending on comments received from the public and/or deliberations by Planning Commission or City Council. The adoption process is expected to take at least four months. Memorandum of Historic Preservation Program (HPP) Implementation Plan Page 2 of 4 Staff will take both the HPP and the HPC ordinances through the adoption process at the same time. Task 3 - Rules & Procedures for Commission The rules and procedures are established to direct the Commission on how to execute duties and functions established in the HPC ordinance. Staff will prepare a draft of the rules and procedures and present an overview of the proposed resolution in an administrative report to City Council. Additional meetings may be necessary if Council desires additional discussion of the proposed rules and procedures. To adopt the resolution, a second Council meeting is required. Administrative report and consent reports for this task will be scheduled concurrently with the Council meetings for the HPP and HPC ordinances. Task 4 - Amend Fee Schedule Staff will analyze necessary fees as part of the application process to nominate historic properties, review fees for certificate of appropriateness and waivers, and special tax valuation. Staff will present to City Council an overview of the proposed resolution to amend the fee schedule to include fees for historic preservation in an administrative report. To adopt the resolution, a second Council meeting is required. Administrative report and consent reports for this task will be scheduled concurrently with the Council meetings for the HPP and HPC ordinances. Task 5 — Developing Documents Staff will develop and consult with DAHP for all necessary applications and forms. An internal audit for content and accuracy will be conducted before finalizing the documents. The City will make the documents available following the approval to become a CLG. The documents will then be available on the City's website, City Hall and at the Spokane Valley Heritage Museum. Additional locations of relevance may be added to the list. Task 6 - Appoint Commission Members The City will solicit applications in the Valley News Herald, Spokesman Review, post notice on City's website and issue a media release. The applications will be forwarded to City Council for a Mayoral nomination and Council consensus of five commission members. This process takes approximately four to six weeks. This task will begin after the HPC ordinance is adopted. Memorandum of Historic Preservation Program (HPP) Implementation Plan Page 3 of 4 Task 7 - Apply to become a Certified Local Government (CLG) The City will submit the ordinances, qualifications for appointed Commission members, rules and procedures and lead staff member's resume to DAHP for review. Upon approval, DAHP will submit certification of the agreement for the Mayor's signature. The document will be sent to National Parks Service for final approval. Additionally, grants and some DAHP training will be available following the City becoming a CLG. This task will begin after the commission members are appointed. Task 8 - Commission Training Training opportunities upon becoming a CLG have been separated as there is a responsibility on staff to attend and coordinate training for the Commission. Additionally, DAHP customarily does an introductory training for staff and Commission. Staff has the opportunity to apply for grants to compensate for training costs. This task will start after the commission members are appointed. The first training, open government training, will be provided by our legal staff at the first Commission meeting. Additional training will be provided using the resources provided by DAHP. Task 9 - Commission Meetings Applications for properties to be included in the Register may be accepted following the approval of becoming a CLG. Staff provides administrative and professional assistance to the Commission. The HPC ordinance establishes the time, place and frequency of meetings with a minimum of four per year and the duties and responsibilities of the Commission. The rules and procedures (task 3) direct the Commission on how to execute the duties and responsibilities established in the ordinances. Commission meetings will take place after the City becomes a CLG and a Commission has been appointed. It is anticipated that for the first quarter of the project, the Commission will meet monthly to receive training. Once training is completed, the Commission will meet per the HPC ordinance which is anticipated to be at least four times per year. Implementation Timeline Implementation of the HPP is estimated to be completed in 12 months. Within the year the City will be able to hold Commission meetings and conduct training to be ready to serve the community by accepting applications from interested property owners. Memorandum of Historic Preservation Program (HPP) Implementation Plan Page 4 of 4 Implementation of Historic Preservation Program —(93— December 15, 2015 Karen Kendall, Planner Gloria Mantz, Development Engineer Implementation Tasks �s + Task 1- Staff Training + Task 2 - Historic Preservation Program (HPP) ordinance*; and Historic Preservation Commission (HPC) ordinance * + Task 3 - Rules & Procedures for Commission* + Task 4 - Amend Fee Schedule + Task 5 - Develop Documents + Task 6 - Appoint Commission Members* + Task 7 - Apply to become a CLG + Task 8 - Commission Training + Task 9 - Commission Meetings Required to become CLG 2 Implementation Task 1 Staff Training + Creates a good foundation for the HPP + Washington State Department of Archaeology and Historic Preservation (DAHP) offers training resources by phone and online + Use the resources offered by DAHP including training in Tacoma and Spokane, WA + Training throughout 2016 Implementation Task 2 Historic Preservation Program (HPP) ordinance + Populates Chapter 19.100 of the SVMC + Spokane Valley Register (Register) + Process for designating properties or removing from the Register + Process for altering or demolishing Registered properties + Criteria and requirements for special tax valuation Implementation Task 2 continued... Historic Preservation Commission (HPC) ordinance + Creates Chapter 18.60 of the SVMC + Qualifications and composition of the commission members, selection and appointment, & length of terms + Meetings procedures and frequency + Duties and responsibilities Implementation Task 2 continued... Ordinances + Preliminary review by City legal staff and DAHP + Environmental review + Public notice + 3 touches with Planning Commission and City Council + Adoption of both ordinances will occur at same time 6 Implementation Task 3 Rules & Procedures for Commission + Commission's execution of duties and functions + At least two meetings with Council required + Additional meeting may be needed to discuss the proposed rules and procedures + Scheduled concurrently with the HPP/HPC ordinances Implementation Task 4 Amend Fee Schedule ♦ Analyze necessary application and review fees + At least two meetings with Council required + Scheduled concurrently with HPP and HPC ordinances Implementation Task 5 Develop Documents + Develop forms and applications + Documents will be available after becoming a CLG + City's website + City Hall + Spokane Valley Heritage Museum Implementation Task 6 Appoint Commission Members + Solicit applications in Valley News Herald, Spokesman Review, City's website and media release + Applications will be forwarded to City Council + Mayoral nomination with Council concurrence of 5 commission members + Selection process is approximately 4 to 6 weeks + Begin after the HPC ordinance is adopted Implementation Task 7 Certified Local Government (CLG) + Submit ordinances, statement from appointed Commission members, rules and procedures and lead staff member's resume to DAHP + Upon approval by DAHP, Mayor to sign certification of the agreement + Send to National Parks Service for final approval + Grants and training available after becoming a CLG Implementation Task 8 Commission Training + Available upon becoming a CLG + DAHP holds an introductory training for staff and Commission + Apply for grants to compensate for training costs + Open government training provided by legal staff at the first meeting + Additional training will be provided using the resources provided by DAHP Implementation Task 9 Commission Meetings + Staff provides administrative and professional assistance + The HPC ordinance establishes the time, place and frequency of meetings with a minimum of 4 per year + Meetings will take place after Commission is appointed + Monthly meetings the first quarter of the program to train commission m ementa ion ask- Month Month - Month Monte- Month Mone Month Month Month Moltr Mon 1 2 3 4 5 6 7 8 9 10 11 2 STAFF TRAINING A O PPOI RDIN ANCE NT CO MMI S SSION AP ERS RULES & PROC AMEND FEE SC DOCUMENT DE PLY F OR CLG TRAINING MEETINGS EDUR HEDU VELO ES LE PMEN T Questions C93 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 15, 2015 Department Director Approval: Item: Check all that apply: ❑ Consent ❑ Old business ❑ New business ❑ Public Hearing ❑ Information ® Admin. Report ❑ Pending Legislation AGENDA ITEM TITLE: Code Enforcement Update GOVERNING LEGISLATION: None PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The City of Spokane Valley Code Enforcement staff is responsible for the enforcement of the City Municipal Code, to include the Zoning Regulations and Building Safety Code. The Community and Economic Development Department works closely with the Spokane Valley Attorney's Office to assist in the Code Enforcement Process. Staff will discuss recent changes to the process that included the moving of Code Enforcement under the direct supervision of the Building Official and Permit Center. Reallocations of duties have been made to expand the volume of cases able to be handled by Code Enforcement. Further, records management improvements have been made to streamline the process and ensure accuracy. OPTIONS: Discussion only. RECOMMENDED ACTION OR MOTION: N/A BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Luis Garcia, Development Services Coordinator Attachments: Presentation Page 1 of 1 Stibkane CODE ENFORCEMENT UPDATE City Council Study Session December 15, 2015 Spokane �Valley CODE ENFORCEMENT CODE ENFORCEMENT UPDATE The purpose and intent of this chapter is to create and maintain a safe and healthy environment for the citizens of the City by identifying and reducing the conditions that contribute to injury, illness, devaluation of property, and the incidence of crime through the existence of nuisance conditions on public and private property. -SVMC Section 7.05.010 Purpose and intent. (Hy •••\%....., Spokane CODE ENFORCEMENT UPDATE City Manager Community Development Director Building Official Development Services Coordinator Code Enforcement Officer Spokane CODE ENFORCEMENT UPDATE Valley ° Pirewjmo IP©cQos Rafldng 2 Code Enforcement Officers ° N©Nq Procem Staffins 1 Code Enforcement Officer with support from existing staff: The Development Services Coordinator Two office assistants Three Building Inspectors Spokane �Ual ley PROCESS f• Office Assistant Case Creation CODE ENFORCEMENT UPDATE Investigation • Building Inspector 1 • Code Enforcement Officer Enforcement Stiokane PROACTIVE APPROACH: Building Inspectors observe Code Enforcement issues as they travel to inspections. Emphasis on making contact with members of the community. Enforcement by public education. Voluntary compliance ultimate goal. CODE ENFORCEMENT UPDATE Dangerous Bui Open and Acce Garbage and D Nuisance Viola Working witho Siokan ...•••115.Valley CODE ENFORCEMENT UPDATE Aj0 Ave SA� =ErinBElimam aimp mmEi! -Me P=o01 rearmampur_prii_ml Liam mummogra 2015 Closed Code Enforcement Cases (Jan. 1- Nov 19, 2015) Legend _. CE -CMP -NON -VK) CE -GENERAL k GE-NUfSANCL ► CE -PROPERTY Spokane ...•••115.Valley PROCESS IMPROVEMENTS CODE ENFORCEMENT UPDATE iPads for all Inspectors. Direct upload of photographs. Elimination of physical files where feasible. SmartGov improvements for iPads. Spokane �Valley� Fire Department Coordination: CODE ENFORCEMENT UPDATE Direct communication with the Spokane Valley Fire Marshal and other Prevention staff. Uncultivated vegetation that presents a fire hazard as declared by the Fire Marshal or designee. Spokane Valley Code Enforcement supports this effort to ensure violation is removed. Spokane �Valley Future of Code Enforcement: CODE ENFORCEMENT UPDATE Abandoned Foreclosures- Possible Vacant Property Registry. Requires banks to keep properties maintained to not become blighted. Public Education- Possible Community Center Bulletins highlighting topics that concern Property Maintenance. Continuing Education for Staff- Continue relationship with the Washington Association of Code Enforcement (WACE). SjOkane CODE ENFORCEMENT UPDATE ....•10F Valley COMMENTS / QUESTIONS Si5acanc—e _ CODE ENFORCEMENT UPDATE Valley THANK YOU! Contacts: Luis Garcia CBO, CSBA- Development Services Coordinator (509) 720-5317 fgarcia@spokanevalley.org CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 15, 2015 Check all that apply: ❑ consent ❑ old business ❑ information ® admin. report Department Director Approval: ❑ ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Spokane County Information Systems Department Interlocal Agreement GOVERNING LEGISLATION: RCW 39.34 PREVIOUS COUNCIL ACTION TAKEN: Interlocal Agreement 03-019 Approved on 04/08/2003. BACKGROUND: This is a new agreement (replacing a previous agreement) that includes existing services for Geographic Information System, Webpadal (license granting access to County databases), and Stormbill (stormwater database used to assess and bill stormwater fees). The City has previously been paying for GIS and Webpadal services. The City has not been charged previously for Stormbill. The cost for Stormbill is $1,200 per year. The Stormbill database is used to generate approximately $1.9 million in stormwater fees. OPTIONS: Proceed to motion consideration, gather more information, or decide not to proceed. RECOMMENDED ACTION OR MOTION: Consensus to move forward with motion consideration on December 29, 2015. BUDGET/FINANCIAL IMPACTS: Additional $1,200 in annual expense in Fund 402, Storm Management Fund. STAFF CONTACT: Morgan Koudelka, Senior Administrative Analyst ATTACHMENTS: Draft Interlocal Agreement INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND CITY OF SPOKANE VALLEY REGARDING DATA PROCESSING APPLICATIONS AND SERVICES THIS AGREEMENT, made and entered into by and between Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "COUNTY" and the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at 11707 E Sprague Ave., Suite 106, Spokane Valley, WA 99206, hereinafter referred to as "CITY," jointly hereinafter referred to as the "PARTIES." The COUNTY and CITY agree as follows. SECTION NO. 1: RECITALS AND FINDINGS (a) The Board of County Commissioners of Spokane County, Washington has the care of County property and the management of county funds and business under RCW 36.32.120(6). (b) Counties and cities may contract with each other to perform certain functions which each may legally perform under chapter 39.34 RCW (Interlocal Cooperation Act). (c) Spokane County has created an Information Systems Department ("ISD") which provides various data processing applications and services to Spokane County elected officials and departments. (d) The City of Spokane Valley desires to contract with Spokane County to obtain through ISD certain data processing applications and services. SECTION NO. 2: DEFINITIONS (a) Agreement: "Agreement" means this Interlocal Agreement between the CITY and COUNTY regarding certain data processing applications and services. (b) City: "CITY" means the City of Spokane Valley. (c) Compensation: "Compensation means that methodology set forth in Exhibit 2 used to establish the amount of money which the CITY will pay the COUNTY for providing Services. (d) County: "COUNTY" means Spokane County. (e) GIS: "GIS" means Geographic Information System. (f) ISD: "ISD" means the COUNTY Information Systems Department. (g) Services: "Services" means those services identified in Exhibit 1. INTERLOCAL RE DATA PROCESSING APPLICATIONS AND SERVICES Page 1 of 12 (h) STORMBILL: "STORMBILL" means the application and database used to generate and manage the CITY's storm water parcel fees. (i) WEBPADAL: "WEBPADAL" means the Spokane County Assessor's parcel database application, with integrated GIS map display. (j) Uncontrollable Circumstances: "Uncontrollable Circumstances" means the following events: riots, wars, civil disturbances, insurrections, acts of terrorism, external fires and floods, volcanic eruptions, lightning or earthquakes at or near where the Services are performed and/or that directly affect providing of such Services. SECTION NO. 3: PURPOSE The purpose of this Agreement is to reduce to writing the PARTIES' understandings as to the terms and conditions under which the COUNTY, through the ISD, will provide Services to the CITY. It is the intent of the PARTIES that Services to be provided by the COUNTY will be consistent with the CITY'S Council/Manager form of government provided for in chapter 35A.13 RCW. SECTION NO. 4: DURATION/WITHDRAWAL This Agreement shall commence on the last date that the Agreement is executed by the PARTIES and shall run through 12:00 P.M. on December 31, 2016 unless one of the PARTIES provides written notice of termination. At the conclusion of the initial term, this Agreement shall automatically be renewed from year-to- year thereafter effective 12:01 P.M. on January 1st to 1200 P.M. on December 31st up to a maximum of ten (10) years. All renewals shall be subject to all terms and conditions set forth herein except for Exhibit 2. Any Party may withdraw at any time from this Agreement for any reason whatsoever upon a minimum of 180 days written notice as provided for in Section 7 to the other Party. SECTION NO. 5: COST OF SERVICES AND PAYMENTS The CITY shall pay the COUNTY the actual costs for Services provided under this Agreement as set forth in Exhibit "2". Costs set forth in Exhibit "2" are at current rates and are subject to change. Actual costs will include the actual direct labor, supervision, employee benefits, equipment, materials and supplies, and overhead costs. The COUNTY will bill the CITY for the cost of Services monthly or annually as outlined in Exhibit "2". COUNTY will bill CITY for monthly billings by the 15th of the month for the previous month. Payments by the CITY will be due by the 5th day of the following month. COUNTY shall bill the CITY for annual billings by the 10th of January for the previous year. Payments by the CITY shall be due by the 5th day of February. INTERLOCAL RE DATA PROCESSING APPLICATIONS AND SERVICES Page 2 of 12 The COUNTY, at its sole option, may charge interest on any late payment calculated on any lost interest earning had the amount due been invested since the date due to the date of payment in the COUNTY's investment pool. SECTION NO. 6: RELATED RESPONSIBILITIES IN CONJUNCTION WITH PROVIDING SERVICES The COUNTY and CITY or their designee agree to attend staff meetings as requested by the CITY Manager. The COUNTY and CITY or their designees agree to meet upon request by the CITY Manager or his/her designee to discuss any Service provided under the terms of this Agreement. CITY agrees to facilitate COUNTY providing Services under this Agreement as follows: (a) Confer on COUNTY the authority to perform the GIS and mapping maintenance services within CITY; (b) Agree that when COUNTY provides Services, ISD may exercise all the powers and perform all the duties vested by law or by resolution in the CITY or other officer or department charged by CITY with data processing services; and (c) Agree that the CITY shall be responsible for providing workspace and furnishing phones, desk, chair and other items deemed necessary for GIS staff person to perform their work at their site. SECTION NO. 7: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the COUNTY or the CITY at the address set forth below for such Party, or at such other address as either Party shall from time -to -time designate by notice in writing to the other Party: COUNTY: CITY: Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 City of Spokane Valley City Manager or his/her authorized representative 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 INTERLOCAL RE DATA PROCESSING APPLICATIONS AND SERVICES Page 3 of 12 ISD: Spokane County ISD Director 815 N. Jefferson Spokane, Washington 99260 SECTION NO. 8: RECORDS REVIEW The COUNTY shall maintain for six (6) years any billing statements and other similar business records with respect to this Agreement. The CITY shall be allowed to conduct random reviews of the records generated by the COUNTY in performance of this Agreement. The CITY shall provide the COUNTY with reasonable advance notice of the records reviews. The PARTIES agree that they shall make best efforts to achieve a resolution of any potential records confidentiality issues, including entering into confidentiality agreements or other similar mechanisms that will allow disclosure of the necessary information to accurately conduct a records review. SECTION NO. 9: COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION NO. 10: ASSIGNMENT No Party may assign in whole or part its interest in this Agreement without the written approval of the other PARTY. SECTION NO. 11: COUNTY EMPLOYEES COUNTY shall hire, assign, retain and discipline all employees performing Services under this Agreement according to applicable collective bargaining agreements and applicable state and federal laws. COUNTY agrees to meet and confer with the CITY with respect to staff that is assigned to provide Services. Issues of discipline or performance will be specifically handled according to COUNTY policies. SECTION NO. 12: INSURANCE During the term of the Agreement, the COUNTY shall maintain in force at its own expense, each insurance noted below: A. Workers' Compensation Insurance in compliance with RCW 51.12.020, which requires subject employers to provide workers' compensation coverage for all their subject workers and Employer's Liability or Stop Gap Insurance in the amount of $1,000,000; B. General Liability Insurance on an occurrence basis, with a combined single limits of not less than $10,000,000 each occurrence for bodily injury and property damage. It shall INTERLOCAL RE DATA PROCESSING APPLICATIONS AND SERVICES Page 4 of 12 include contractual liability coverage for the indemnity provided under this Agreement. It shall provide that the CITY, its officers and employees are additional insureds but only with respect to the COUNTY's services to be provided under this Agreement; C. Automobile Liability Insurance with a combined single limit, or the equivalent of not less than $15,000,000 each accident for bodily injury and property damage, including coverage for owned, hired and non -owned vehicles; and D. Professional Liability Insurance with a combined single limit of not less than $5,000,000 each claim, incident or occurrence. This is to cover damages caused by the error, omission, or negligent acts related to the professional services to be provided under this Agreement. The coverage must remain in effect for two years after the Agreement is completed. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without thirty (30) days written notice from the COUNTY or its insurer(s) to the CITY. SECTION NO. 13: LIABILITY The COUNTY shall indemnify, defend and hold harmless the CITY, its officers and employees from all claims, demands, or suits in law or equity arising from the COUNTY's intentional or negligent acts or breach of its obligations under the Agreement. The COUNTY's duty to indemnify shall not apply to loss or liability caused solely by the intentional or negligent acts of the CITY, its officers and employees. The CITY shall indemnify, defend and hold harmless the COUNTY, its officers and employees from all claims, demands, or suits in law or equity arising from the CITY's intentional or negligent acts or breach of its obligations under the Agreement. The CITY's duty to indemnify shall not apply to loss or liability caused solely by the intentional or negligent acts of the COUNTY, its officers and employees. If the comparative negligence of the PARTIES and their officers and employees is a cause of such damage or injury, the liability, loss, cost, or expense shall be shared between the PARTIES in proportion to their relative degree of negligence and the right of indemnity shall apply to such proportion. Where an officer or employee of a party is acting under the direction and control of the other party, the party directing and controlling the officer or employee in the activity and/or omission giving rise to liability shall accept all liability for the other party's officer or employee's negligence. Each party's duty to indemnify shall survive the termination or expiration of the Agreement. Each party waives, with respect to the other party only, its immunity under RCW Title 51, Industrial Insurance and only as necessary to make this indemnity provision enforceable with INTERLOCAL RE DATA PROCESSING APPLICATIONS AND SERVICES Page 5 of 12 respect to claims relating to the death or injury of CITY and/or COUNTY employees acting within the scope of this Agreement. The PARTIES have specifically negotiated this provision. COUNTY initials CITY initials SECTION NO. 14: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship is created by this Agreement. The COUNTY shall be an independent contractor and not the agent or employee of the CITY. The CITY is interested only in the results to be achieved and that the right to control the particular manner, method and means in which the COUNTY meets its responsibilities is solely within the discretion of the COUNTY. Any and all employees who provide services to the CITY under this Agreement shall be deemed employees solely of the COUNTY. The COUNTY shall be solely responsible for the conduct and actions of all employees under this Agreement and any liability that may attach thereto. Likewise, no agent, employee, servant or representative of the CITY shall be deemed to be an employee, agent, servant or representative of the COUNTY for any purpose. SECTION NO. 15: MODIFICATION This Agreement may be modified in writing by mutual written agreement of the PARTIES. SECTION NO. 16: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in conjunction with providing the Services shall remain with the original owner, unless otherwise specifically and mutually agreed to by the PARTIES to this Agreement. For the purpose of this section, the terminology "owner" means that Party which paid the full purchase price for the property or equipment. SECTION NO. 17: ALL WRITINGS CONTAINED HEREINBINDING EFFECT This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. COUNTY and CITY were each represented by their own attorney in drafting this Agreement and each relied upon the advice of their own attorney. This Agreement was fully negotiated and the terms herein were either accepted by or independently drafted or revised by the COUNTY and CITY. Accordingly, this Agreement shall not be construed against the party that undertook the principal preparation of it, but shall be construed as if both the COUNTY and CITY jointly prepared this Agreement, and any ambiguity contained herein, if any, shall not be interpreted against any one party. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. INTERLOCAL RE DATA PROCESSING APPLICATIONS AND SERVICES Page 6 of 12 SECTION NO. 18: DISPUTE RESOLUTION Except as provided for in Section Nos. 5 and 6, any dispute between the PARTIES which cannot be resolved between the PARTIES shall be subject to arbitration. Such dispute shall first be reduced to writing. If the COUNTY CEO and the CITY Manager cannot resolve the dispute, it shall be submitted to arbitration. The provisions of chapter 7.04A RCW shall be applicable to any arbitration proceeding. The COUNTY and the CITY shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall be binding on the PARTIES and shall be subject to judicial review as provided for in chapter 7.04A RCW. The costs of the arbitration panel shall be equally split between the PARTIES. SECTION NO. 19: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 20: SEVERABILITY The PARTIES agree that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 21: HEADINGS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. SECTION NO. 22: TIME OF ESSENCE OF AGREEMENT Time is of the essence of this Agreement and in case either Party fails to perform the obligations on its part to be performed at the time fixed for the performance of the respective obligation by the terms of this Agreement, the other Party may, at its election, hold the other Party liable for all costs and damages caused by such delay. INTERLOCAL RE DATA PROCESSING APPLICATIONS AND SERVICES Page 7 of 12 SECTION NO. 23: UNCONTROLLABLE CIRCUMSTANCES/IMPOSSIBILITY A delay or interruption in or failure of performance of all or any part of this Agreement resulting from Uncontrollable Circumstances shall be deemed not a default under this Agreement. A delay or interruption in or failure of performance of all or any part of this Agreement resulting from any change in or new law, order, rule or regulation of any nature which renders providing of Services in accordance with the terms of this Agreement legally impossible, and any other circumstances beyond the control of the COUNTY which render legally impossible the performance by the COUNTY of its obligations under this Agreement, shall be deemed not a default under this Agreement. SECTION NO. 24: FILING The CITY shall file this Agreement with its City Clerk or alternatively place the Agreement on the CITY's website. The COUNTY shall file this Agreement with the County Auditor, or, alternatively, place the Agreement on the COUNTY's website or other electronically retrievable public source. SECTION NO. 25: EXECUTION AND APPROVAL The PARTIES warrant that the officers executing below have been duly authorized to act for and on behalf of the Party for purposes of confirming this Agreement. SECTION NO. 26: INITIATIVES The PARTIES recognize that revenue reducing initiative(s) passed by the voters of Washington may substantially reduce local operating revenue for the CITY, COUNTY or both PARTIES. The PARTIES agree that it is necessary to have flexibility to reduce the contracted amount(s) in this Agreement in response to budget constraints resulting from the passage of revenue reducing initiative(s). If such an event occurs, the PARTIES agree to negotiate in good faith to achieve a mutually agreeable resolution in a timely fashion. SECTION NO. 27. COMPLIANCE WITH LAWS The PARTIES shall observe all federal, state and local laws, ordinances and regulations, to the extent that they may be applicable to the terms of this Agreement. SECTION NO. 28: DISCLAIMER Except as otherwise provided, this Agreement shall not be construed in any manner that would limit either Party's authority or powers under law. SECTION NO. 29: ASSURANCE The CITY shall pay the COUNTY the true and full cost of all Services provided under this Agreement. The intent of the Parties is that neither Party will subsidize the other and that the CITY will not subsidize any other jurisdiction that is receiving similar services. INTERLOCAL RE DATA PROCESSING APPLICATIONS AND SERVICES Page 8 of 12 SECTION NO. 30: ANTI -KICKBACK No officer or employee of the CITY, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in the Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from or to any person involved in the Agreement. SECTION NO.31: NO THIRD PARTY BENEFICIARIES Nothing in this Agreement is intended to give, or shall give, whether directly or indirectly, any benefit or right, greater than that enjoyed by the general public, to third persons. SECTION NO. 32: SUPERCEDE CLAUSE Upon the Effective Date of this Agreement, the provisions of this Agreement shall supersede any presently -existing agreements between the PARTIES regarding the Services set forth herein including but not limited those documents executed between the PARTIES entitled "INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND CITY OF SPOKANE VALLEY REGARDING DATA PROCESSING SERVICES (April 2003 -December 31, 2004) executed under COUNTY Resolution No. 03-0367 and CITY Contract No. 003-19 ( approved April 8, 2003), and INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND CITY OF VALLEY REGARDING DATA PROCESSING SERVICES" executed under COUNTY Resolution No. 04-0473 and by the CITY on May 25, 2004. SECTION NO. 33: RCW 39.34 REQUIRED CLAUSES A. PURPOSE: See Section No. 3 above. B. DURATION: See Section No. 4 above. C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS: No new or separate legal or administrative entity is created to administer the provisions of this Agreement. D. RESPONSIBILITIES OF THE PARTIES: See provisions above. E. AGREEMENT TO BE FILED: See Section No. 23. F. FINANCING: Each party shall be responsible for the financing of its contractual obligations under its normal budgetary process. G. TERMINATION: See Section No. 4 above. H. PROPERTY UPON TERMINATION: See Section No. 15 above. INTERLOCAL RE DATA PROCESSING APPLICATIONS AND SERVICES Page 9 of 12 IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON ATTEST TODD MIELKE, Chair Clerk of the Board SHELLY O'QUINN, Vice -Chairman Ginna Vasquez AL FRENCH, Commissioner DATED: CITY OF SPOKANE VALLEY Mike Jackson, City Manager Attest: Christine Bainbridge, City Clerk Approved as to form: City Attorney INTERLOCAL RE DATA PROCESSING APPLICATIONS AND SERVICES Page 10 of 12 EXHIBIT "1" COUNTY will provide the following Services to CITY: Service 1: Access to the Application known as WEBPADAL. Service 2: Access to the Application known as STORMBILL, Stormwater Application and Database. The COUNTY will host a separate database and application instance for the CITY's use, accessed via the COUNTY's CITRIX portal. Service 3: GIS Services, via a dedicated Spokane County ISD GIS Staff person. WEBPADAL provides complete access to the Spokane County Assessor's parcel database. All information is available, unlike the PubPadal application on the County's webpage, which is a scaled down version without name search capability and land use information. This program allows for advanced query and data extraction for analysis of property and taxation purposes. WEBPADAL also provides integrated GIS map displays. COUNTY will provide active user list upon request by CITY. CITY shall notify COUNTY for changes to named user list. For billing purposes, CITY will be billed full monthly rate for each named user with access to WEBPADAL for a majority of the month (>= 50% of month). STORMBILL is an application and database used to generate and manage the CITY's stormwater parcel fees. The COUNTY will host both the application and the database for the CITY, and the CITY will access the application and database via the COUNTY's CITRIX portal. GIS Services will be provided by COUNTY to CITY via a dedicated ISD GIS Specialist who will be located onsite at CITY offices, tasked with providing miscellaneous GIS data creation and maintenance services to CITY. CITY may request additional hours of service (billed at standard ISD hourly rates) during the term of the Agreement, subject to the COUNTY's ability to provide the additional services. CITY and COUNTY may extend or adjust GIS services and terms as mutually agreed according to the conditions of the Agreement. The CITY will abide by all applicable COUNTY union contract terms regarding working conditions and will provide breaks and lunches as outlined in the COUNTY Master Contract, Local 1553 Contract and ISD Addendum to said contract. COUNTY will provide copies of such contract and addendum to CITY. INTERLOCAL RE DATA PROCESSING APPLICATIONS AND SERVICES Page 11 of 12 EXHIBIT "2" Service Rate Billing Frequency 1. WEBPADAL $70.00 per month per named user Monthly Billing 2. STORMBILL Hosting and Access via CITRIX* $1200 per year Annual Billing 3. GIS Services ISD standard billable hourly rates. Billing rates are adjusted annually. Billed for actual hours worked per month for assigned staff person(s). Monthly Billing *CITY's use of STORMBILL application began prior to year 2015. CITY agrees to pay the annual charge beginning in 2015, regardless of the signing date of this agreement. INTERLOCAL RE DATA PROCESSING APPLICATIONS AND SERVICES Page 12 of 12 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 15, 2015 Check all that apply: ❑ consent ❑ old business ❑ information ® admin. report Department Director Approval: ❑ ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Intergovernmental Agreement for Commute Trip Reduction GOVERNING LEGISLATION: RCW 70.94 PREVIOUS COUNCIL ACTION TAKEN: The Council authorized the City Manager to execute an Intergovernmental Agreement between Spokane County and the City of Spokane Valley Regarding Commute Trip Reduction Implementation (C11-146) on September 13, 2011, and again ( C13-155) on August 27, 2013. BACKGROUND: The attached interlocal agreement is between Spokane County and the City of Spokane Valley. The agreement allows the Spokane County Commute Trip Reduction (CTR) department to retain the City's state -issued CTR funds in return for developing, implementing, and administering CTR plans and ordinances for all affected employers within the City of Spokane Valley. This agreement replaces the previous agreement, C13-155, which expired on June 30, 2015. The agreement is for two years and expires on June 30, 2017. There are no substantive changes from the previous agreement. The legal department has reviewed the agreement. OPTIONS: 1.) Consensus to move forward to authorize the agreement; 2.) request changes or more information; 3.) have the City assume responsibility for overseeing the CTR programs for all affected employers in the City. RECOMMENDED ACTION OR MOTION: Consensus to move forward to motion consideration on December 29, 2015. BUDGET/FINANCIAL IMPACTS: The County would retain the City's state funds of $65,406.24. If the agreement is not approved the City would have to dedicate these funds to the CTR program and administer the CTR programs of all 18 affected employers in Spokane Valley. STAFF CONTACT: Morgan Koudelka, Senior Administrative Analyst ATTACHMENTS: Interlocal Agreement DRAFT INTERGOVERNMENTAL AGREEMENT Between Spokane County and the City of Spokane Valley Regarding Commute Trip Reduction Implementation THIS AGREEMENT, made and entered into this day of , 2015 by and between the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at 11707 East Sprague Avenue, Suite 106, Spokane Valley, WA, 99206, hereinafter referred to as the "City" and Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at West 1026 Broadway Avenue, Spokane, Washington, 99260, hereinafter referred to as the "County," jointly hereinafter referred to as the "Parties." WITNESSETH WHEREAS, the Washington State Legislature has adopted legislation codified in RCW 70.94.521 through 555, the purpose of which is to improve air quality, improve transportation system efficiency and reduce the consumption of petroleum fuels through employer -based programs that encourage the use of alternatives to the single occupant vehicle for commute trips and reduce vehicle miles traveled (VMT); and WHEREAS, RCW 70.94.527 requires counties containing urban growth areas and cities and towns with "major employers," that are located within urban growth areas with a state highway segment exceeding the threshold of one hundred person hours of delay or jurisdictions that are located in contiguous urban growth areas, or are within an urban growth area with a population greater than seventy thousand people that adopted an ordinance before the year 2000 or jurisdictions that are located in contiguous urban growth areas, or contain a major employment installation in an affected county to develop ordinances, plans and programs to reduce Vehicle Miles Traveled (VMT) and Single Occupant Vehicle (SOV) commute trips, and thereby reduce vehicle -related air pollution, traffic congestion and energy use, and WHEREAS, the County and each affected city within Spokane County have adopted Commute Trip Reduction Ordinances and must implement a Commute Trip Reduction (CTR) Plan for all major employers; and WHEREAS, the Washington State Department of Transportation (WSDOT) Public Transportation Division is responsible for administering funds on behalf of the state Legislature and is desirous of making available to Spokane County certain funds and requiring Spokane County to enter into agreements through the Interlocal Cooperation Act or by Resolution or Ordinance as appropriate with other jurisdictions, local transit agencies, or regional transportation planning organizations to coordinate the development, implementation and administration of CTR Plans and Ordinances as described in RCW 70.94.521-555. Page - 1 DRAFT WHEREAS, Spokane County has entered into an agreement with WSDOT under Agreement No. GCB2167, hereinafter referred to as "WSDOT Agreement," pursuant to which Spokane County is eligible to receive a reimbursable amount of funds which the County will distribute to itself and cities to implement and administer CTR Plans and Ordinances; and WHEREAS, Spokane County has allocated $65,406.24 to the City from the Agreement No. GCB2167 which the City is now desirous of making available to the County to perform those tasks which are the responsibility of the City. NOW, THEREFORE, for and in consideration of the mutual promises set forth hereinafter, and as authorized under chapter RCW 70.94.527 (5), the parties hereto do mutually agree as follows: Section 1: PURPOSE The County has entered into a WSDOT Agreement with the WSDOT under which it will receive $367,001 for two years. This funding is to be allocated to the County and cities within Spokane County for their use in the implementation and administration of their CTR Plans and Ordinances. The County, based upon an allocation formula established by the WSDOT, has determined that the City shall receive $65,406.24 from the WSDOT Agreement from which it shall perform certain tasks. The City agrees to its proportionate share of the monies made available to the County in the WSDOT Agreement and agrees to allow Spokane County to retain its proportionate share in consideration of the County performing those tasks as more particularly set forth in Attachment "A" attached hereto and incorporated herein by reference. In conjunction with allowing the County to retain its proportionate share of monies, the City will execute any and all necessary documents which may be required by the WSDOT. It is understood by the parties hereto, that in order for the County to perform those tasks as set forth in Attachment "A" for the City, the City must perform certain tasks. Attached hereto as Attachment "B" and incorporated herein by reference, is a listing of tasks which the City agrees to perform in conjunction with the County performing those tasks set forth in Attachment "A. II Section 2: DURATION The County agrees to provide those tasks set forth in Section 1 and complete performing such tasks on or before June 30, 2017. Section 3: TERMINATION The parties agree that this Agreement may be terminated by either party for material breach of any provision set forth herein, upon ninety (90) days advance written notice to the other party at the address set forth hereinabove. Provided, however, the parties agree that any notification of termination shall set forth the specific provision(s) for which such notification is being provided and additionally, advise that if such default is cured within such ninety (90) day time frame, said termination notification shall be of no force and effect. Page - 2 DRAFT In the event of termination, the County agrees to provide to the City all written documentation which it has completed to the date of termination under the terms of this Agreement. Additionally, the County agrees to return to the City that portion of the monies set forth in Section 1 hereinabove, which has not been expended by the county, prior to the date of termination, on the City's behalf in providing those tasks as set forth in Attachment "A." Provided, further, the parties recognize that the WSDOT in Agreement No. GCB2167, has retained the right to unilaterally terminate all or a part of such contract if there is a reduction of funds from the funding source. Accordingly, in the event that the WSDOT terminates all or part of the WSDOT Agreement with Spokane County, and such action affects the allocation of funds by the County to the City herein, and/or modifies the tasks to be performed hereunder, the parties will immediately meet to renegotiate the provisions of this Agreement. Section 4: DESIGNATION OF ADMINISTRATOR The County hereby designated Ms. LeAnn M. Yamamoto, the Spokane County Transportation Demand Management Manager, as its designee for the purpose of administering and coordinating the County's responsibilities under the terms of this Agreement. Section 5: ACQUISITION/DISPOSITION OF PROPERTY The parties hereto agree that any real or personal property acquired by the County with those monies made available to the County by the City under Section 1 hereinabove shall be and remain the sole property of the County upon acquisition and/or termination of this Agreement. Section 6: COMPLIANCE WITH LAWS The County agrees to observe all applicable federal, state and local laws, ordinances and regulations including, but no necessarily limited to, the Americans with Disabilities Act and chapter 49.60 RCW, to the extent that they may have any bearing on performing those tasks for the City as set forth in Section 1 hereinabove. Additionally, the County agrees to comply with all applicable funding audit requirements of WSDOT in conjunction with performing those t asks for the City. The County agrees to make available to the City or its duly authorized representative during normal County business hours and all records which it has kept in conjunction with providing those services for the City as set forth herein above. Section 7: NOTICES All notices or other communications given under this Agreement shall be considered given on the day such notices or other communications are received when sent by personal delivery; or the third day following the day on which the notice or communication has been mailed by certified mail delivery, receipt requested and postage prepaid addressed to the other Party at the address set forth below, or at such other address as the Parties shall from time -to -time designate by notice in writing to the other Party: Page - 3 DRAFT CITY: COUNTY: City Clerk City of Spokane Valley 11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA, 99206 Board of County Commissioners Spokane County Courthouse 1116 West Broadway Avenue Spokane, Washington 99260 Section 8: HEADINGS The section headings in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to, define, limit or extend the scope or intent of the sections to which they appertain. Section 9: MODIFICATION No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed with the same formalities as this present Agreement. Section 10: ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. The City has read and understands all of this Agreement, and now states that no representation, promise or agreement not expressed in this Agreement has been made to induce the City to execute the same. Section 11: LIABILITY The County shall indemnify, defend and hold harmless the City, its officers and employees from all claims, demands, or suits in law or equity arising from the County's intentional or negligent acts or breach of its obligations under the Agreement. The County's duty to indemnify shall not apply to loss or liability caused by the intentional or negligent acts of the City, its officers and employees. The City shall indemnify, defend and hold harmless the County, its officers and employees from all claims, demands, or suits in law or equity arising from the City's intentional or negligent acts or breach of its obligations under the Agreement. The City's duty to indemnify shall not apply to loss or liability caused by the intentional or negligent acts of the County, its officers and employees. If the comparative negligence of the Parties and their officers and employees is a cause of such damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in Page - 4 DRAFT proportion to their relative degree of negligence and the right of indemnity shall apply to such proportion. Where an officer or employee of a Party is acting under the direction and control of the other Party, the Party directing and controlling the officer or employee in the activity and/or omission giving rise to liability shall accept all liability for the other Party's officer or employee's negligence. Each Party's duty to indemnify shall survive the termination or expiration of the Agreement. Each Party waives, with respect to the other Party only, its immunity under RCW Title 51, Industrial Insurance. The Parties have specifically negotiated this provision. Section 12: ANTI -KICKBACK No officer or employee of the City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in the Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from or to any person involved in the Agreement. Section 13: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington. This Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any of its provisions, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. Section 14: COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. Section 15: SEVERABILITY If any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the Parties shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. Page - 5 DRAFT Section 16: RCW 39.34 REQUIRED CLAUSES A. PURPOSE: See Section 1. B. DURATION: See Section 2. C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS: No new or separate legal or administrative entity is created to administer the provisions of this Agreement. D. RESPONSIBILITIES OF THE PARTIES: See Agreement provisions. E. AGREEMENT TO BE FILED: The City shall file this Agreement with its City Clerk. The County shall file this Agreement with its County Auditor or place it on its web site or other electronically retrievable public source. F. FINANCING: See Section 1. G. TERMINATION: See Section 3. H. PROPERTY UPON TERMINATION: See Section 5. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF SPOKANE VALLEY Mike Jackson, City Manager ATTEST: Christine Bainbridge, City Clerk BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON Todd Mielke, Chair Shelly O'Quinn, Vice Chair Al French, Commissioner ATTEST: Approved by: By Ginna Vasquez Office of the City Attorney Clerk of the Board Page - 6 DRAFT Exhibit I Funding Allocation Methodology RCW 70.94.544 authorizes the CTR Board to determine the allocation of program funds made available for the purpose of implementing CTR plans. The funding allocated for local implementation of CTR activities in July 1, 2015 through June 30, 2017 is based on the decision taken by the CTR Board at its October 24, 2014 meeting. At that meeting, the CTR board passed a motion to continue the existing funding policy and grant the same allocation from the previous biennium to implementers in the 2015-2017 biennial allocation. Page - 7 DRAFT ATTACHMENT "A" STATEMENT OF WORK The County will: 1. Promote consistency within all affected local government jurisdictions within Spokane County, while serving the City's specific needs. 2. Maintain and administer the City's CTR Ordinances and Plan. 3. Employ a full-time Transportation Demand Management Manager to administer the County's and City's CTR Plans and Ordinances. 4. Take reasonable measures to identify and notify all affected employers within the City. 5. Assist each affected employer within the City in preparing a program and promoting the principles of Transportation Demand Management (TDM) with the employer's employees. 6. Maintain an appeals process consistent with RCW 70.94.537(2)(e) by which major employers, who as a result of special characteristics of their business or its locations would be unable to meet the requirements of a commute trip reduction plan, may obtain a waiver or modification of those requirements and criteria for determining eligibility for waiver or modification. Within 30 days from the date of approval, submit to WSDOT the name and employer identification code for any worksite that has been granted an exemption. Include information about the duration of all exemptions and information on the type of modification granted. 7 Submit to WSDOT periodic progress reports summarizing the overall CTR implementation costs incurred by the County and shall be reported in a format provided by WSDOT. 8. Provide WSDOT with a public hearing notice and copies of any proposed amendments to the CTR ordinance, plan, and/or administrative guidelines within the first week of the public review period and final copies of all actions within one (1) month of adoption. 9. Coordinate and administer baseline and measurement CTR employer surveys. Provide employer survey assistance, training and state -supplied survey forms. 10. Notify WSDOT prior to sending any surveys to University of Washington for processing. The notification must include the name of the worksite, employer identification code and type of survey for each survey being submitted for processing. The notification shall be Page - 8 DRAFT submitted as an electronic spreadsheet via electronic mail. The County agrees to wait for confirmation from WSDOT prior to sending or delivering the surveys for processing. 11. Provide WSDOT with updated lists of affected worksites and jurisdiction contacts on a periodic basis or as requested by WSDOT. These updates will be submitted electronically in a format specified by WSDOT. 12. Continue to monitor the programs of each of the affected employers in the City to determine compliance with the CTR Ordinance and Plan. Complete annual review of employer CTR programs including a determination as to whether the employer is acting in good faith to meet the goals established by the CTR Law. 13. Provide on-going support to all employer designated Employee Transportation Coordinators (ETCs) and assist ETCs in facilitating regular employer networking opportunities and obtaining information necessary to perform their duties including information materials that explain a range of measures and activities to encourage employee use of commute alternatives. 14. Market available services to affected employers to assist in accomplishing CTR goals. 15. Work collaboratively with and provide technical guidance and support to employers in developing successful CTR programs. 16. Conduct at least one Basic ETC Training Course per year, using WSDOT-provided ETC Handbook and other training materials reviewed and approved by WSDOT. 17. Provide employers with written information on basic requirements of the CTR ordinance and goals set forth in approved CTR plans. 18. Attend transportation or health/benefits fairs at affected employer worksites to encourage high -occupancy vehicle commuting and promote the employer's CTR program. 19. Design, construct and distribute worksite Commuting Options Boards. Provide professional materials such as brochures, flyers, posters, newsletters, clip art and other tools to assist employer implementation of worksite CTR programs. 20. Provide all affected employers with the WSDOT-approved "Program Description & Employer Annual Report" form. Ensure completed reports are submitted by affected employers to meet applicable deadlines. 21. Submit to WSDOT periodic invoices along with progress reports that accurately assess the progress made by County, on behalf of City, in implementing RCW 70.94.521-555. Report contents include: a. Detailed summary of CTR events and projects, including implementation assistance provided to affected employers within the City; Page - 9 DRAFT b. Actual total CTR expenditures used by the County for all state CTR funds expended by the County during the previous quarter for the purpose of CTR implementation using WSDOT pre -approved format; c. Updated list of affected employers and worksites (electronic); d. Total number of worksites by jurisdiction; e. List of sites which have applied for exemptions or modifications; 22. Establish and maintain books, records, documents and other evidence and accounting procedures and practices sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred solely for the performance of this Agreement. Establish and maintain a separate "CTR Account" within Spokane County along with supporting documentation such as payroll and time records, invoices, contracts, vouchers or products proving in proper detail the nature and propriety of the charges. 23. Participate in local implementation of statewide CTR public awareness and recognition programs developed by WSDOT. 24. Offer recommendations to the City for policies on parking and site design which will encourage the use of alternative transportation modes. 25. Encourage employers to develop site designs and improvements to office and industrial sites that promote the use of alternative transportation modes. 26. Assist WSDOT with CTR evaluation. 27. Serve as liaison between WSDOT and cities, towns, transit agencies and regional transportation planning organizations for the purpose of RCW 70.94.521-555. 28. Continue applying for funding opportunities to further encourage the use of commute alternatives. Page - 10 DRAFT ATTACHMENT "B" STATEMENT OF WORK The City will: 1. Provide Spokane County with copies of any proposed amendments to the CTR Plan and Ordinance. 2. Provide Spokane County with copies of any CTR -related amendments to parking ordinances prior to public review. 3. Develop, implement and maintain its own CTR Program as an affected employer or as otherwise specified in the CTR Board Guidelines or RCW 70.94.521-555. 4. Reimburse the County for the services provided by this Agreement in an amount equal to the City's share of the CTR funding as provided in RCW 70.94.544. Page - 11 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 15, 2015 Check all that apply: ❑ consent ❑ old business ❑ information ® admin. report Department Director Approval: ❑ ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: False Alarm Program Contract Extension GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Council Approved False Alarm Program Contract 009- 163 on October 13, 2009. BACKGROUND: A proliferation of false alarm calls to 911 in the years leading up to 2009 resulted in Spokane Valley Police responding to more than 1,500 false alarm calls per year. This resulted in officers responding to calls generated from an electronic system with no verified response that a crime or suspicious activity was occurring. The impact was slower response times for all calls, a reduction in proactive policing, lack of property owner contact information, and the compromising of officer's safety. In response, the Spokane Valley Police Department recommended implementing a false alarm program to be run in conjunction with a private company administering the program, overseen by the police department. As this program and accompanying contract was due to expire at the end of 2015, the City conducted an analysis of the program to evaluate its effectiveness. The accompanying presentation provides the results of the analysis and makes recommendations. OPTIONS: Proceed to motion consideration per recommendation or suggest additional revisions. RECOMMENDED ACTION OR MOTION: Consensus to proceed to motion consideration on December 29, 2015. BUDGET/FINANCIAL IMPACTS: Recommended changes would reduce revenue by approximately $35,270 but would still cover costs of administering the program and responding to false alarms. STAFF CONTACT: Morgan Koudelka, Senior Administrative Analyst John Pietro, Administrative Analyst ATTACHMENTS: Contract Amendment PowerPoint Presentation CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND PUBLIC SAFETY CORPORATION/CRYWOLF Contract #09-163.004 For good and valuable consideration, the legal sufficiency of which is hereby acknowledged, City and the Consultant mutually agree as follows: 1. Purpose: This Amendment is for the Contract with Public Safety Corporation/CryWolf for the security alarm monitoring program, by and between the Parties, executed by the Parties on October 13, 2009, and which terminates on December 31, 2015. Said contract shall be referred to as the "Original Contract" and its terms are hereby incorporated by reference. Compensation under the Original Contract is set forth in Exhibit 2 to the Original Contract. 2. Original Contract Provisions: The Parties agree to continue to abide by those terms and conditions of the Original Contract and any amendments thereto which are not specifically modified by this Amendment. 3. Amendment Provisions: This Amendment is subject to the following amended provisions, which are either as follows. All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Contract, including any previous amendments thereto. Paragraph 2, "Term of Contract", is modified as follows: This agreement shall be in full force and effect on or about January 1, 2010, and end on December 31, 2012. The contract may be extended for up to teefour additional one-year contract periods, subject to mutual agreement, with the total contract period not to exceed si*seven years. The City shall notify the Consultant of its intent to exercise an extension option in writing, no later than 60 days prior to the termination date of the initial contract term, or any extension year. Either party may terminate this agreement by thirty days written notice to the other party. In the event of such termination, the City shall pay the Consultant for all work previously authorized and satisfactorily performed prior to the termination date. Exhibit 2, "Response to Request for Proposals to Administer Security Alarm Program", Section 4.A "Proposed Costing Method", is modified as follows: The RFP mandates that proposing firms derive their fees exclusively from the false alarm revenue received and requests at least one bid on a "Revenue Sharing" basis. Pricing Method Based on our analysis of the potential Spokane Valley Security Alarm Program revenue using a new fee structure similar to the City of Spokane, and projected Program costs, we propose a single, 100% revenue sharing approach. In order to provide a simple method to administer, PSC proposes to be compensated for its services by receiving 30.5%twenty five (25%) 1 percent of the registration and false alarm -related fees, fines and penalties collected on behalf of the Spokane Valley Security Alarm Program. This percentage is based on several assumptions: • The Ordinance fee/fine schedules remain in substantially the same form as currently proposed in the Spokane Valley Resolution 15-012Ordinancc No. 03 070 previously provided to PSC; • The City applies a fair, but firm approach to appeals resulting in alarm fines being generally upheld on appeal; • The City actively supports enforcement of the Ordinance, including proactive collection of all fine amounts owed. 4. Compensation Amendment History: This is Amendment #_1_ of the Original Contract. Compensation is based on a percentage of fees collected, and is not impacted at this time by this Amendment. The Parties have executed this Amendment to the Original Contract this day of December 2015. CITY OF SPOKANE VALLEY: PUBLIC SAFETY CORPORATION/CRYWOLF: Mike Jackson, City Manager By: Chuck Inderrieden Its: Finance Director ATTEST: Christine Bainbridge, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2 tdhrt Pietro, Administrative Analyst'; Morgan Koudelka, Senior Administrative Analyst Topics covered... 1. History of False Alarms and Impact 2. City's Response to False Alarms 3. Evaluation of False Alarm Program 4. Recommendations 5. Next Steps History The Spokane Valley Police Department has responded to a significant number of false alarms since the City's inception, with the highest total of 1,715 in 2004, and approximately 1,500 range in 2007 and 2008. More than 70% of false alarms are commercial. The police response to these calls wasted time and resources, made the police less responsive to other calls for service, and took away from proactive policing. More than 95% of alarm calls are false alarms. The City responded by enacting the Cry Wolf program in 2010, paying a private company, Public Safety Corporation (PSC) to maintain an alarm system database and charge fees to property owners that have police dispatched to a false alarm. The contract expires at the end of 2015. This program replaced the internal program by the Sheriff's Office that issued infractions from more than one false alarm in a six month period. History of our Alarm Code Ordinance 03-070 adopted July 2003 Provided authority to police to issue infractions for false alarms Required alarm owners to file basic contact info with SVPD Ordinance 09-020 Repealed 03-070, emphasized prevention and user education, provided detailed requirements for alarm companies and alarm users, set out penalties, defined appeal process, and listed exceptions for certain public facilities Ordinance 10-003 removed a few erroneous provisions Contract C09-163 Agreement for Professional Services Outsourced parts of false alarm ordinance enforcement including billing, to Public Safety Corp (Cry Wolf) Resolution 09-015: "fee schedule for 2010" still applies today Stated Intent of Ordinance: Code § 7.20.010 "The City regulates security alarm businesses to assure that responses to false alarms do not diminish the availability of police services to the general public and to assure that citizens who cannot afford or do not choose to operate security alarm systems are not penalized for their condition or choice" "The intent of this chapter is to encourage alarm businesses and alarm users to maintain the operational viability of security alarm systems and to significantly reduce or eliminate false alarm dispatch requests made to the police department" Public Safety Corp. (Cry Wolf Program) Manages a web portal (linked through our website) for registration and payment of false alarm user costs Manages database of payment of registration and false alarm fees Automatically extracts SVPD dispatch data to determine addresses with false alarms Prepares and delivers various correspondence to citizens and business (e.g. false alarm notices, late payment notices) Manages a limited access database for alarm monitoring companies to track their customer's registration status Receives, as compensation, 25% of City's alarm revenue Before and After Cry Wolf —Alarm Owner Before Cry Wo 1 ❑ No Registration (Contact info only) No Charge for 1st False Alarm (6 mo. period) Possible suspension for more than 2 false alarms in 6 months Fines that go through courts (state keeps more than half. Less than $50,000 in revenue (does not cover costs) After Cry Wolf Annual Registration - Fee Fee for all False Alarms Enhanced Call Verification (at least 2 calls to owner) ❑ Possible suspension for non- payment and more than 3 false alarms in one year Opt -out option $200K in revenue Before and After Cry Wolf —Alarm Company Before Cry Wo ❑ No info provided by alarm companies No inspections required After Cry Wolf ❑ Alarm monitoring companies must provide updated customer info monthly ❑ Inspection of alarm systems every 3 years False Alarm Fees Before and After CryWolf Fine Before After - Residential After- Commercial 1st 2nd 3rd 4th or More Registration Registration Renewal Appeal Fee 85 85 85 85 25 15 25 165 165 165 165 35 25 25 CryWolf Effectiveness 2000 False Alarms by Year (CryWolf in Yellow) 1800 -1715 1600 1400 1200 1000 800 600 400 200 0 1694 1650 1444 1487 x-1--19 1081 1072 1124 917 973 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Includes exempt sites — numbers differ slightly from CryWolf numbers. CryWolf Effectivent„ While false alarms totals have decreased, the downward trend began in 2007 and the largest decrease was in 2009, a year before CryWolf took effect. Much of this reduction, including the 24% drop in 2009 was likely due to the economic recession, with fewer monitored alarm systems. The first year of CryWolf, false alarms decreased 18%, but it is not known how much of that decrease was the impact of the recession and how much was the result of the new program. The first year reduction has evaporated as of 2014, but some of the subsequent increase in calls is explained by an increase in alarm users. Effectiveness: Faise Alarm Rate 4000 3500 3000 2500 2000 1500 1000 500 0 3486 2378 973 a 409.17 3085 1081 350.41 3612 1124 311.18 2011 2012 2013 2014 Includes exempt sites — Numbers differ slightly from CryWolf numbers Active Accounts False Alarms FA Rate/1000 Accts Faise Alarm Rate The chart shows that while the number of false alarms has been climbing, the number of active registered alarm accounts has been growing faster. While the false alarm rate has decreased, it is likely not solely because of a growth in the number of alarm system users. In the first few years of the program there were likely many more unregistered users who were unaware of the City requirements. The increase in the number of active registered accounts is likely a combination of existing alarm system users coming into compliance and new alarm system owners registering their systems. A review of recent CAD data indicates there are now much fewer unregistered users reporting false alarms. The more recent growth in accounts is likely more attributable to new users. False Alarm Cost Over Time Present Value for Comparative Purposes $90,000 $80,000 $70,000 $60,000 $50,000 $40,000 $30,000 $20,000 $10,000 $- Officer Cost to Respond to False Alarms $ 80,243 $79,261 $77,202 $67,563 $69,575 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 False Alarms: Costs versus Revenue Costs Deputy Cost $ 52,591 Police Admin Cost $ 22,500 Contract Vendor Costs $ 50,434 Bank Fees $ 6,000 Total False Alarm Costs $ 131,525 Revenues Registration $ 63,867 False Alarm Fees $ 137,870 Total Revenue $ 201,737 Effecfiveness: Reducing repeat false alarms (2014) # of Alarm Occurences Total False Alarms # of distinct accounts at each occurance 1 453 46.41% 453 70.7% 2 206 21.11% 103 16.1% 3 159 16.29% 53 8.3% 4 96 9.84% 24 3.7% 5 10 1.02% 2 0.3% 6 6 0.61% 1 0.2% 7 14 1.43% 2 0.3% 8 0 0.00% 0 0.0% 9 9 0.92% 1 0.2% 10 0 0.00% 0 0.0% 11 11 1.13% 1 0.2% 12 12 1.23% 1 0.2% Total 976 641 Billed false alarm total from PSC differs slightly from CAD false alarm totals. Comparison with Spokane Spokane has 4,100 alarm calls. Spokane only actually responded to 2,165 calls. 26%, 1,080 calls, were not dispatched due to lack of registration or failure to try to reach alarm owner twice. Another 17%, 686 calls, were cancelled prior to an officer arriving on scene. The initial reduction for Spokane false alarms after implementing CryWolf was 67%. Projected False Alarms by Option False Alarms 2,500 2,000 1,500 1,000 500 Projected Annual False Alarm Responses by Program 1,799 1,241 1,987 1,891 1,74 1,305 2,194 2,088 1,371 1,441 1,932 1,51,1 2016 2017 2018 2019 2020 �CryWolf Program FPre CryWolf Program fNo Program Projected Officer Cost by Option False Alarm Officer Costs $120,000 $100,000 $80,000 $60,000 $40,000 $20,000 $- Projected Annual False Alarm Officer Costs by Program $102,667 ,695 $58,082 $64,146 $67,41 1 2016 2017 2018 2019 2020 $90,398 $70,842 --CryWolf Program f Pre CryWolf Program fNo Program Recommended Changes Extend Contract One Year and Make the Following Rate Changes. Current Future False Alarm Fee - Residential $ 85 $ 75 False Alarm Fee - Commercial $ 165 $ 125 Registration Renewal - Residential (With 1 or more false alarm) $ 25 $ 15 Registration Renewal - Commercial (With 1 or more false alarms) $ 35 $ 25 Appeal Fee $ 25 $ 0 Also improve descriptions on false alarm invoices and communication forms to customers. Costs vs. Revenue with New Fee Structure Costs Deputy Cost Police Admin Cost Contract Vendor Costs Bank Fees Total False Alarm Costs Revenues Registration False Alarm Fees Total Revenue $ 52,591 $ 22,500 $ 50,434 $ 6,000 $ 131,525 $ 59,167 $ 107,300 $ 166,467 Informatior Sent to All Customers Registration is required for all alarm systems. Opt -out of police response is available. Rates for registration and false alarms response. Police response will be suspended after four false alarms in one year. Police response will be suspended if any amount owing reaches 60 days past due. Police response will be suspended if there is no active registration for the address. Police will still respond if there is an eye -witness call, there is visual or audio evidence of a break-in, if a neighbor notices suspicious activity. Next Steps Changes or Revisions? Consensus to Move Forward with Motion Consideration to Extend Contract for 1 Year. Consensus to Bring Forward Changes to Fee Resolution Put out RFP in 2016 for 2017 and Beyond Questions? CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 12-15-15 Department Director Approval Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: City Hall Update GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Multiple meetings, Council retreat 02-17-15; Administrative Report 03-17-15, Motion Consideration 03-24-15, Study Session 09-15-15, Motion Consideration 09-29-15, Interior Discussion 11-18-15, Heating and Cooling Discussion 12-1-15 . BACKGROUND: Developing options for a permanent City Hall building has been a Council budget goal for the past several years. Earlier this year, the City closed on 3.38 acres of property at the former University City Mall site. At the February 17, 2015 Council workshop, staff discussed the selection process for architectural firms to design the building. At the March 17, 2015 Council meeting staff updated the Council on the selected design firm and discussed the draft professional services agreement for the project. At the March 24, 2015 meeting, the Council authorized the City Manager to contract with Architects West to design the site and building. The architect team conducted a public meeting on May 6, 2015 and met with councilmembers and staff to finalize the program and discuss design parameters for the building. The project team updated the Council on the design process and displayed two potential concepts on September 15, 2015. Council indicated a preference for one of the concepts which was approved on September 29, 2015. Interior color and material options were discussed on November 18, 2015 and a general heating and cooling discussion was held on December 1, 2015. The discussion tonight will provide additional detail on the heating and cooling system. OPTIONS: Discussion RECOMMENDED MOTION: BUDGET/FINANCIAL IMPACTS: The City Hall construction project is anticipated to cost $14.4 million including land acquisition, design services, and construction. STAFF CONTACT: John Hohman, Community and Economic Development Director ATTACHMENTS: Presentation 1 of 1 ,`MSI ENGINEERS MEULINK STAUFFENBERG,INC. PRACTICING THE CRAFT OF ENGINEERING SINCE 1999 MSI ENGINEERS P/4, VRF SYSTEM OVERVIEW • Variable Refrigerant Flow. • Uses refrigerant as a medium for heating/cooling. • Single outdoor unit serves multiple indoor units. • Indoor units operate independently to heat or cool as required, resulting in energy sharing. VRF EOL'IPh1NET OPTIONS M L •M-1,3 .ti //MSi ENGINEERS Fulty-automaticsimultaneeus Gooling.Heating operation and heat recovery System Example -.Any design and layout can be used in a single O°stem Cooling operation is possible d on to an outdoor temperature o1-10 G Llptomax.40i n do orun its 3 Way EGOi Multi enables simultaneous heating and: cooling operation by each solenoid valve kit. Solenoid Valve Kit .ATI- RZP568G .ATI- RZP100BG 4 [Heating] [Heating] Liquid pipe medium -temperature, medium-pressureliui pipe [Stop] Cischarge pipe high-temperature. high-pressuregas pipe Same operation Suction pipe lov.temperature. Iov-pressuregas pipe Systen Cost Sum iy First Cost Annum Elecricity Cost Annual Natural Gaz Cost Annual Mai%eance Cos: 30 -Year LA Cycle Cost Alternative #1 !NAV BaHne) $\8«8 51 $43,140 $Bpm $-],882 $ 50G7se tmitve /2 Ve>rSource Heat Pump $2,100,573 $.34,247 $3.174 $1c,504 $4,465,932 A Le! rn mlve VanamaReMge-a m mow 3'82465 $38.85.1 $2,985 $13.6.32 $4,076,232 MSI E MEULINK STA UFFENBERG,IN C. Life Cycle Cost Analysis ® Compares 3 system types (WSHP VRF, VAV) • Accounts for firstcos repair/maintenance costs, and energy costs over 30 year cycle. ® VRF provides lowest overall cost over time span. /fl4,MSI ENGINEERS MEULINK STAUFFENBERG,INC. Benefits To Compared Systems • Very energy efficient • Relatively small piping and ventilation ductwork. • Few system components requiring regular maintenance • Fan motors • Compressors • Filters • Qualified refrigerant technician recommended for service • Several types of indoor units for variable applications. • Ideal system for noise sensitive areas (conference rooms, offices, etc.) • Technology allows for ability to provide smaller individual zones and some flexibility for future build -out. /fl4,MSI ENGINEERS MEULINK STAUFFENBERG,INC. Relevant Projects • Convention Plaza / Eastside Exchange — 3rd Ave Portland, OR 80,000 sq ft • Garmin Headquarters — Turner Rd Salem, OR 66,000 sq ft • Union Stables Adaptive Re -Use — Western Ave Seattle, WA 64,000 sq ft • Portland CC / Cascade Hall — Killingsworth St Portland, OR 49,000 sq ft • Cracker Building Renovation — Pacific Ave Spokane, WA 33,700 sq ft • Benton County Courthouse — Market St Prosser, WA 26,000 sq ft • Clearwater Valley Clinic — Cedar St Orofino, ID 24,000 sq ft • Bethel Prosser Church — Gap Rd Prosser, WA 22,500 sq ft • Franklin Pierce SD Early Learning Center — A St Tacoma, WA 20,500 sq ft • Panhandle Health Office Building Sandpoint, ID 20,000 sq ft • Spokane Public Radio — Monroe St Spokane, WA 12,500 sq ft • Sea Mar Community Health Center — Pacific Hwy Des Moines, WA 10,000 sq ft • Ninkasi Brewing Headquarters — Van Buren St Eugene, OR 10,000 sq ft • Relay Application Innovation — Clearwater Dr Pullman, WA 10,000 sq ft • Blackbird Restaurant Spokane, WA 8,500 sq ft • Portland Fire Station 21— Madison St Portland, OR 8,400 sq ft • Snohomish SD District Office — Ave D Snohomish, WA 8,000 sq ft /fl4,MSI ENGINEERS Qualified Contractors • Apollo Sheet Metal • R&R Heating Spokane, WA • Air Tech Mechanical Spokane, WA • Bruce Heating Kennewick, WA • Hurliman Heating Spokane, WA • Pro Mechanical Spokane, WA Spokane, WA • Total Energy Management Richland, WA • Tyko Mechanical Coeur d' Alene, ID 1At►MSI ENGINEERS 0 //MSi ENGINEERS Basement _ _ _ _ _ _ I I I I //MSi ENGINEERS //MSi ENGINEERS //MSi ENGINEERS /fl4, MSI ENGINEERS To: From: Re: DRAFT ADVANCE AGENDA as of December 10, 2015; 1:30 p.m. Please note this is a work in progress; items are tentative Council & Staff City Clerk, by direction of City Manager Draft Schedule for Upcoming Council Meetings December 22, 2015 — no meeting December 29, 2015, Study Session Format, 6:00 p.m. [due Mon, Dec 21] ACTION ITEMS: 1. Motion Consideration: False Alarm Agreement Extension — Morgan Koudelka (10 minutes) 2. Motion Consideration: Spokane County Info. Systems Dept Interlocal Agreement —M.Koudelka (10 min) 3. Motion Consideration: Commute Trip Reduction Interlocal Agreement — Morgan Koudelka (10 minutes) 4. Proposed Fee Resolution 15-012 for 2016 — Chelsie Taylor (10 minutes) NON -ACTION ITEMS: 5. Updated Library Report — Mike Jackson, Nancy Ledeboer (15 minutes) 6. City Hall Update — John Hohman (15 minutes) 7. Advance Agenda (5 minutes) 8. Info Only: Department Reports (normally due for Dec 22 meeting) [*estimated meeting: 75 minutes] Jan 5, 2016, Study Session 6:00 p.m. (Councilmember Gothmann to attend via phone) [due Mon, Dec 28] [Note: Oath of Office will be administered 5:45 p.m. This does not constitute a separate meeting.] PLEDGE OF ALLEGIANCE ACTION ITEMS: 1. Council Officer Elections for Mayor and Deputy Mayor — Chris Bainbridge 2. PUBLIC HEARING: Mining Moratorium Renewal — Erik Lamb NON -ACTION ITEMS: 3. City Hall Update — John Hohman 4. Advance Agenda January 12, 2016, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Mayoral Appointments- Planning Commissioners — Mayor 3. Mayoral Appointments: Councilmembers to various Committees/Boards — Mayor 4. Admin Report: Advance Agenda January 19, 2016, Study Session Format, 6:00 p.m. 1. City Hall Update — John Hohman 2. Council Training- Open Public Meeting Act, Public Record Act - 3. Advance Agenda (15 minutes) (15 minutes) (15 minutes) (5 minutes) [due Mon, Jan 4] (5 minutes) (10 minutes) (10 minutes) (5 minutes) [*estimated meeting: 30 minutes] [due Mon, Jan 11] (15 minutes) (20 minutes) (5 minutes) [*estimated meeting: 40 minutes] Cary Driskell, Erik Lamb January 26, 2016, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Mayoral Appointments: Lodging Tax Advisory Committee — Mayor 3. Admin Report: Advance Agenda 4. Info Only: (a) Dept. Reports; (b) Amended 2016 TIP Draft Advance Agenda 12/10/2015 11:53:20 AM [due Mon, Jan 18] (5 minutes) (10 minutes) (5 minutes) [*estimated meeting: 20 minutes] Page 1 of 2 February 2, 2016, Study Session Format, 6:00 p.m. 1. Amended 2016 TIP — Steve Worley 2. City Hall Update — John Hohman 3. Advance Agenda February 9, 2016, Formal Meeting Format, 6:00 p.m. 1. PUBLIC HEARING: Amended 2016 TIP — Steve Worley 2. Consent Agenda (claims, payroll, minutes) 3. Proposed Resolution Amending 2016 TIP — Steve Worley 4. Admin Report: Advance Agenda February 16, 2016, Study Session Format, 6:00 p.m. 1. City Hall Update — John Hohman 2. Advance Agenda February 23, 2016, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Mayoral Appointments: Lodging Tax Advisory Committee — Mayor 3. Admin Report: Advance Agenda 4. Info Only: Department Reports March 1, 2016, Study Session Format, 6:00 p.m. 1. City Hall Update — John Hohman 2. Advance Agenda March 8, 2016, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda March 15, 2016, Study Session Format, 6:00 p.m. 1. City Hall Update — John Hohman 2. Advance Agenda March 22, 2016, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Mayoral Appointments: Lodging Tax Advisory Committee — Mayor 3. Admin Report: Advance Agenda 4. Info Only: Department Reports March 29, 2015, Study Session Format, 6:00 p.m. 1. City Hall Update — John Hohman 2. Advance Agenda *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Avista Electrical Franchise Blake Street Sidewalk Coal/Oil Trains (Environ Impact Statement, etc.) False Alarm Program (Cry Wolf) Ordinance 15-023 (expires June 9 2016) [due Mon, Jan 25] (10 minutes) (15 minutes) (5 minutes) [due Mon, Feb 1] (10 minutes) (5 minutes) (5 minutes) (5 minutes) [due Mon, Feb 8] (15 minutes) (5 minutes) [due Mon, Feb 15] (5 minutes) (10 minutes) (5 minutes) [due Mon, Feb 22] (15 minutes) (5 minutes) [due Mon, Feb 29] (5 minutes) (5 minutes) [due Mon, Mar 7] (15 minutes) (5 minutes) [due Mon, Mar 14] (5 minutes) (10 minutes) (5 minutes) [due Mon, Mar 21] (15 minutes) (5 minutes) Sidewalks and Development SRTMC Agreement (June/July 2016) Uncovered/unsecured loads Draft Advance Agenda 12/10/2015 11:53:20 AM Page 2 of 2