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2023-09-28 - Agenda PacketSmao_o � jvalied Regular Meeting Agenda Spokane Valley Planning Commission Thursday, September 28, 2023, 2023 at 6:00 p.m. Remotely via ZOOM meeting and In Person at: CenterPlace Regional Event Center 2426 N Discover y Place NOTICE IS HEREBY GIVEN that a Regular Spokane Valley Planning Commission meeting will be held September 28, 2023, beginning at 6:00 p.m. The meeting will be held at CenterPlace Regional Event Center, 2426 N Discovery Place, Spokane Valley, Washington. The purpose of the meeting is to consider the items listed below on the Agenda. NOTE: Members of the public may attend Spokane Valley Planning Commission meetings in -person at CenterPlace at the address provided above, or via Zoom at the link below. Members of the public will be allowed to comment in -person or via Zoom as described below: Public comments will only be accepted for those items noted on the agenda as "public comment' or "public hearin " If making a comment via Zoom, comments must be received by 4:00 pm, the day of the meeting. Please email planning[7a spokanevallevwa.eov or call the Planning Commission Secretary at 509-720-5112 to be added to the Zoom speaker list. Otherwise, comments will be taken in -person at the meeting, as noted on the agenda below: LINK TO ZOOM MEETING INFORMATION: https://spokanevalley.zoom.us/j/86262747051 US: +12532158782„ 86262747051# or+16699006833„86262747051# US US: +1 253 215 8782 US (Tacoma) Meeting ID: 862 6274 7051 AGENDA: 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES: August 24, 2023 6. COMMISSION REPORTS 7. ADMINISTRATIVE REPORT 8. PUBLIC COMMENT: On any subject which is not on the agenda. 9. COMMISSION BUSINESS: a. Study Session: CTA-2023-0003 — ROW Permit & Clearview Triangle Regulations Update (Presented By Jerremy Clark & Greg Baldwin) 10. FOR THE GOOD OF THE ORDER 11. ADJOURNMENT Special Meeting Minutes Spokane Valley Planning Commission Centerplace Regional Event Center August 24, 2023 I. Planning Commission Chairman McGrath called the meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. II. The Commissioners and staff stood for the Pledge Of Allegiance. III. Administrative Assistant Robin Holt took attendance, and the following members and staff were present: Susan Delucchi Val Dimitrov Karl Granrath Walt Haneke Bob McKinley, absent Nancy Miller Daniel Wilson Tony Beattie, Senior Deputy City Attorney Chaz Bates, Planning Manager Martin Palaniuk, Associate Planner Levi Basinger, Planner Greg Norris, Planner Chad Knodel, IT Manager Robin Holt, Administrative Assistant There was consensus from the Planning Commission members to excuse Commissioner McKinley. IV. AGENDA: Commissioner Delucchi moved, and it was seconded to approve the August 24, 2023, agenda as presented. There was no discussion. The note on the motion was six in favor, zero against, and the motion passed. V. MINUTES: Commissioner Haneke, and it was seconded, to approve the Judy 13, 2023, minutes as presented. There was no discussion. The mote on the motion ryas five in favor, zero against, and the motion passed. Chairman Granrath abstained from the vote. VI. COMMISSION REPORTS: Commissioner Delucchi reported that she attended the City Council meeting where the Council discussed the change to the Spokane Valley Municipal Code regarding Accessory Dwelling Units. She was very pleased with the Councils discussion and respectfulness towards the decision of the Planning Commission regarding the item. She also requested additional study sessions regarding the new legislation. There were no other Planning Commission reports. VIL ADMINISTRATIVE REPORT: Planning Manager Chaz Bates reported that City Council voted against the CTA-2023-0002 regarding removing the owner -occupied requirement for Accessory Dwelling Units and they voted to approve CPA-2023-0001. He also mentioned that staff does not have any current items on the advanced agenda. 8-24-2023 Planning Commission Minutes Page 2 of 5 VIII. PUBLIC COMMENT: Barb Howard (Spokane Valley) thanked the Planning Commission for recommending denial of the change to Accessory Dwelling Units. There was no additional public comment offered. IX. COMMISSION BUSINESS: a. Legislative Report Planning Manager Chaz Bates repotted that during the 2023 Washington Legislative Session there were 2,156 bills that were introduced and 485 of them were passed into law. The major themes of those laws centered around housing and planning, public safety, and behavior health. 2023 legislation has the most significant changes to the Growth Management Act (GMA) in more than 20 years. The changes included adaptive building reuse, accessory dwelling units (ADU's), addressing climate change, annexations, and middle housing. Mr. Bates explained that all of these new laws will begin in the year 2026, six months after the periodic update. i. 11B1181 — Climate Change Planner Greg Norris presented a staff report. He explained that House Bill H 81 is an act relating to improving the state's climate response through updates to the states planning framework. It will establish the state's climate response through amendments to the Growth Management Act. HB 1181 adds a new goal and related amendments to the GMA. As part of its periodic update the city will be required to incorporate into its comprehensive plan: • A greenhouse gas (GHG) emissions reduction sub -element that requires actions to reduce overall GHG emissions, identify sources of vehicle miles traveled per capita, and establish goals, policies, and action to reduce and eliminate local greenhouse gas emissions. • A resiliency sub -element that includes exploration of climate impacts, audits of existing plans and policies, and assessments of vulnerability and risk. (The City will need to choose to select or adapt existing goals and policies, develop new goals and policies, or update the hazard mitigation plan). Commissioner Delucchi expressed concern about the state taxing residents based on the number of miles driven each year. Commissioner Haneke commented that he is a proponent of tax by the mile because it will even taxes out between gas vehicles versus electric vehicles. Staff expressed that their presentation just addresses the changes that must be included in the next update to the comprehensive plan. di. HB1042 — Use Of Existing Buildings Tor Resirdeittial Patposes aard HB1337 — Accessmy Dwelling Units Planner Levi Basinger presented a staff report. He explained that House Bill 1042 is an act relating to the creation of additional housing units in existing buildings. The bill states that non-residential buildings located within a zoning district that permits multi -family residential housing must allow 8-24-2023 Planning Commission Minutes Page 3 of 5 for the addition of housing units at twice the max density of the zone. This applies to Multifamily (MFR), Mixed Use (MU) and Corridor Mixed Use (CMU) zones. Based on the legislation, the City is preempted from requiring additional parking for new dwelling units, imposing design restrictions, denying permit due to nonconformity with current requirements, or requiring transportation cancurrency study or environmental study for new units. Mr. Basinger explained that House Bill 1337 is an act that expands housing options by easing barriers to the construction and use of accessory dwelling units. Under the new legislation, the City must allow two ADU's per lot in all zoning districts that allow single-family homes. The ADU's can be attached, detached, or a combination of both. ADU's most also be allowed within accessory and detached buildings and allowed at the lot line when abutting public alley. Mr. Basinger stated that the City may limit or prohibit ADU's where development is limited based on natural constraints (critical areas, floodplains, etc.), prohibit where there are no sewer services available, and restrict the use of ADU's as short-term rentals. However, the City cannot prohibit the sale of an ADU separate from the primary unit, cannot require owner occupancy, cannot require street improvements, cannot establish maximum size less than 1,000 square feet, cannot impose design requirements more restrictive than primary dwellings, cannot access impact fees greater than 50% of primary dwellings. Mr. Basinger stated that the City must also adopt specific parking requirements. Zero parking space are required if the ADU is located within a half mile of a major transit stop, one parking space is required for lots 6,000 square feet or less, and two parking spaces are required for lots greater than 6,000 square feet. However, the City can require more if a transportation study is completed by a certified transportation or land use professional that demonstrates that the lack of parking would be detrimental to the safety of drivers, pedestrians, or cyclists. W. HBIIIO — Middle Housing & HB1425 —Annexation Stiles & Use Tax Associate Planner Martin Palaniuk gave a staff report on FIB 1425. He reported that HB 1425 is legislation regarding the facilitation of municipal annexations. He explained that the Growth Management Act assumes that unincorporated Urban Growth Areas will be annexed over time by cities. Cities are better equipped to provide urban services than counties and allow a wider array of housing types at greater densities than counties. Cities have resisted annexing unincorporated areas due to the fiscal impact of providing the urban services. The Annexation Sales and Use Tax provides the financial incentive for cities to annex areas. Mr. Palaniuk explained that an interlocal agreement between the county and city is required to balance the financial impacts of annexation. The annexation can negatively impact counties as cities annex land for commercial and industrial lands while leaving residential lands to the county. The interlocal agreement requires a discussion about balancing such annexations to prevent financial damage to counties who keep residential areas and give up commercial and industrial areas. Cities can receive: • 1/1 Oth of one percent sales tax credit for annexations of more than 2,000 in population but less than 10,000. 0 2/1 Oth of one percent sales tax credit for annexations of more than 10,000 in population. 8-24-2023 Planning Commission Minutes Page 4 of 5 • Requires an interlocal agreement for annexed areas in which a sales and use tax is imposed to address certain criteria regarding loss and gain of revenue, development and ownership of infrastructure, and revenue -sharing agreements. • The end date to impose the tax is July 1, 2028. All revenue collected under this sales tax credit may only be used to provide, maintain, and operate municipal services for the annexation area. Mr. Palaniuk gave a staff report on I IB 1110. He reported that HB 1 110 was passed to increase middle housing in areas traditionally dedicated to detached single-family housing. This bill only applies to Cities (it does not apply to Counties). The City of Spokane Valley falls within Tier One of applicability (based on population) so the City must allow four dwellings per lot unless current zoning allows higher densities and must allow six dwellings per lot if the lots is within a quarter mile of a major transit stop or at least two units are "affordable" (as defined by statute). Mr. Palaniuk explained that "middle housing" is defined in the legislation as "buildings that are compatible in scale, form, and character with single-family houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing." Mr. Palaniuk stated that density measured in "dwelling units per acre" has traditionally been the way the city has regulated residential land use. HB 1110 introduces the term "unit density" because the bill focuses on the minimum number of dwelling units on a lot versus units per acre. HB1110 states that the design and development standards may not be more restrictive than those for detached single -unit houses and the permit review must be the same as those applied to single- family detached residences. Mr. Palaniuk said that the bill has restrictions on the amount of off-street parking that can be required. No off-street parking standards may be applied to middle housing located within a half - mile of a major transit stop. Lots with less than 6,000 square feet shall not require more than one off-street space per lot. Lots greater than 6,000 square feet shall not require more than two spaces per lot. Mr. Palaniuk reported that a city can exclude up to 25% of lots that are primarily dedicated to detached single-family houses from implementation of the density requirement if the lots meet certain criteria. The criteria include areas with a certified extension due to risk of displacement, areas with a certified extension due to lack of infrastructure, areas with critical areas and their buffers, and areas subject to sea level rise, increased flooding, susceptible to wildfires, or geological hazards. Lots that cannot be excluded from the density standards are areas for which exclusion would further racially disparate impacts or result in discriminatory zoning, areas within one half mile walking distance of a major transit stop, and areas that are historically covered by covenants or deed restrictions excusing racial minorities. Commissioner Delucchi asked to have representatives from Spokane County and Kootenai County to discuss the availability of water and the status of the aquifer. She also asked if a representative from the Spokane Transit Authority could provide an update regarding their future plans for transportation. She also expressed interest in hearing from the planning departments in Post Falls and Coeur D'Alenc, ID to find out their future plans. She asked if the Planning Commission could 8-24-2023 Planning Commission Minutes Page 5 of 5 have a discussion regarding traditional historic neighborhoods within Spokane Valley based on postal codes and historic designations. Chair Granrath asked if new subdivisions can put in restrictive covenants that are in opposition to the legislation. Mr. Palaniuk answered that they cannot. The Commission expressed concern about adequate infrastructure and fire protection services for the additional units. X. GOOD OF THE ORDER: There was consensus from the Commission to cancel the September 14"i, 2023 meeting. The next meeting will be held on September 28, 2023. Commissioner Haneke pointed out an error in the Planning Commission bylaws. XI. ADJOURNMENT: Connnissioner Haneke moved, and it was seconded, to adjourn the meeting at 7:4I p.m. The vote on the motion Was six in./avor, zero against, and the motion passed. Karl Granrath, Chairman Date Signed Marianne Lemons, Secretary CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: September 28, 2023 Item: Check all that apply ❑ old business ❑ new business ❑ public bearing ❑ information ® study session ❑ pending legislation AGENDA ITEM TITLE: CTA-2023-0003 ROW Permit and Clearview Triangle Regulations Update GOVERNING LEGISLATION:. RCW 36.70A.106, SVMC 17.80.150 and 19.30.040 PREVIOUS COMMISSION ACTION: None BACKGROUND: CTA-2023-0003 is a city -initiated code text amendment to revise SVMC 22.70.030 to clarify the clearview triangle regulations are applicable to an alleyway and revise chapter 22.130 SVMC to clarify the types of activities that may be exempt from a traffic control right-of-way permit and other matters related. Pursuant to SVMC 19.30.040 modification to SVMC Titles 17 through 24 are classified as a Type IV development application and require the Planning Commission to provide a recommendation to City Council. The proposed amendments to SVMC 22.070.030 results from code enforcement cases where it was identified that the application of a clearview triangle to an alleyway was not treated consistently in the code. The existing language in SVMC 22.70.030 includes a reference to an alley, but Table 22.70-1 with specific sight distance regulations does not include reference an alley. The proposed amendment adds alleyway to the Table 22.70-1 so that the sight distance criteria can be applied consistent with the text of the code and eliminating any ambiguity. The proposed amendments to chapter 22.130 SVMC clarify when an activity conducted in the right-of-way may be exempt from the traffic control requirements of a right-of-way permit. The current code is not clear when an activity is exempt from the traffic control requirements, resulting in confusion about implementation. Other minor revisions are proposed to make the chapter consistent with other portions of the SVMC and update procedural requirements. Staff will discuss the proposed text amendments, and the proposed adoption schedule at the meeting. RECOMMENDED ACTION OR MOTION: No action recommended at this time. Discussion only. STAFF CONTACT: Jerremy Clark, PE, PTOE, Engineering Manager —Traffic Greg Baldwin, Development Services Coordinator ATTACHMENTS: 1. Presentation 2. Draft SVMC 22.70.030 3. Draft chapter 22.130 SVMC RPCA Study Session for Code Text Amendment CTA-2023-0003 Page i of 1 COMMUNITY AND PUBLIC WORKS DEPARTMENT Sc 110F pokane STAFF REPORT AND RECOMMENDATION TO THE jValley PLANNING COMMISSION CTA-2023-0003 STAFF REPORT DATE: September 28, 2023 HEARING DATE AND LOCATION: October 26, 2023 beginning at 6:00 p.m.; This hearing will be conducted in person and remotely using web and telephone conference tools. A link to the Zoom meeting is provided on the agenda and posted to the City's webpage: w,ww.spokanevalley.org/planningcommissioD. PROPOSAL DESCRIPTION: A city -initiated code text amendment (CTA) to adopt amendments the Spokane Valley Municipal Code (SVMC). The proposal amends to chapter 22.130 Development Transportation Improvements and section SVMC 22.70.030 — Clearview Triangle, and other related matters. APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, SVMC 17.80.150, and 19.30.040. SUMMARY OF CONCLUSIONS: Staff concludes that CTA-2023-0003 is consistent with the minimum criteria for review and approval, and consistent with the goals and policies of the Comprehensive Plan. STAFF CONTACT: Jerremy Clark, PE, PTOE, Engineering Manager —Traffic; Greg Baldwin, Development Services Coordinator REVIEWED BY: Chaz Bates, Planning Manager ATTACHMENTS: Exhibit 1: Proposed Amendment to SVMC 22.70.030 Exhibit 2: Proposed Amendment to chapter 22.130 SVMC APPLICATION PROCESSING: Chapter 17.80 SVMC, Permit Processing Procedures. The following table summarizes the procedural steps for the proposal. Procedural Action Date SEPA—Determined Categorically Exempt Published Notice of Public Hearing: October 6 and 13, 2023 scheduled Commerce 60-day Notice Intent to Adopt Amendment September 20, 2023 Background: CTA-2023-0003 is a city -initiated code text amendment to revise SVMC 22.70.030 to clarify the clearview triangle regulations applicable to an alleyway and revise chapter 22.130 SVMC to identify the Types of activities that may be exempt from a traffic control right-of-way permit and other matters related. The revision to SVMC 22.070.030 results from code enforcement cases where it was identified that the application of a clearview triangle to an alleyway was not clearly defined in the code text of chapter 22.70 SVMC. The proposed revisions include clarification to this application. Staff Report and Recommendation CTA-2023-0003 The purpose of the amendment to chapter 22.130 SVMC is to clarify when an activity conducted in the right-of-way may be exempt from the traffic control requirements of a right-of-way permit. The current code is not clear when an activity is exempt from the traffic control requirements, resulting in confusion about implementation. Additional revisions are proposed to make the chapter consistent with the SVMC and update procedural requirements. ANALYSIS: SVMC 22.70.030 provides regulations related to the clearview triangle. The clearview triangle regulations ensure that motorists and pedestrians have unobstructed vision at the intersection of two streets, or the intersection of an alley, private street, or driveway and a street. Table 22.70-1 Clearview Triangle Calculations for Controlled Intersections identify the calculations required for sight distance. The existing language in SVMC 22.70.030 includes a reference to an alley, but Table 22.70-1 with specific sight distance regulations does not include reference an alley. The proposed amendment adds alley approaches in Table 22.70-1 so that the sight distance criteria can be applied consistent with the text of the code and eliminating any ambiguity. 2. SVMC 22.130.100 requires a right-of-way permit when construction work or other activities are conducted in the right-of-way or on City -owned infrastructure, as well as the criteria by which an activity may be exempt from the right-of-way permit requirement. The current regulations do not address work in easements granted to the City nor work on city -owned property. Various construction activities are routinely proposed in these areas, and the City has determined a need to authorize and regulate the work consistent with other activities conducted in the right-of-way. The revisions provide specific criteria to exempt projects from obtaining the right-of-way permit to ensure the safety of drivers and pedestrians during construction or other activities undertaken in the right-of-way, city easements, or city owned property. The amendments to chapter 22.130 SVMC provide the procedural authority to regulate the activities that ensure safety measures are being implemented. A. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT AMENDMENT 1. Compliance with Title 17 (General Provisions) of the Spolcane Valley Municipal Code a. Findings: SVMC 17.80.150(F) Municipal Code Text Amendment Approval Criteria The City may approve a Municipal Code Text amendment if it finds that: i. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan: Staff Analysis: The proposed amendment is supported by the Comprehensive Plan and is consistent with the following Comprehensive goals and policies: T-G1 Ensure that the transportation system and investments in transportation infrastructure are designed to improve quality of life or support economic development priorities. T-G3 Strive to reduce the number of serious injury/fatality collisions to zero. T-P2 Consider neighborhood traffic and adverse impacts of public and private permitting, and construction phases. livability conditions and address potential projects during the planning, designing, Page 2 of 3 Staff Report and Recommendation CTA-2023-0003 T-P9 Provide and maintain quality street, sidewalk, and shared -use path surfaces that provide a safe environment for all users. ii. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment: Staff Analysis: The proposed amendment bears substantial relation to public health, safety, welfare, and protection of the environment. The proposed amendments clarify specific criteria as it relates to sight distance triangles and right-of-way permitting requirements in order to maintain safe conditions on the city's transportation network. b. Conclusion(s): The proposed text amendment is consistent with the approval criteria contained in the SVMC 17.80.150(F). 2. Finding and Conclusions Specific to Public Comments a. Findings: No public continents have been received to date. b. Conclusion(s): Adequate public noticing for CTA-2023-0003 has been and will be provided consistent with chapter 17.80 Permit Processing Procedures. The notice of public hearing is scheduled to be published on October 6, 2023. This report will be updated accordingly as comments are received. 3. Finding and Conclusions Specific to Agency Comments a. Findings: The City has not received any substantive agency comments to date. b. Conclusion(s): No concerns noted. B. CONCLUSION For the reasons set forth in Section A the proposed code text amendment file CTA-2023-0003, adopting amendments to the clearview triangle regulations and right-of-way permit requirement regulations, and other matters related, is consistent with the requirements of SVMC 17.80.150(F) and the Comprehensive Plan. Page 3 of 3 Co dNext Amendment Ri- Rig ht-of-Way Permit A� - .� ., - and C -earv]-ew-T-riangle r iY _ Jot, Jerrev Clark, P ,'PTOE, Traffic Engineering Manager 'Gttg Baldwin, Development Services Coordinator September 28, 2023 Agenda ■ Introduction ■ Draft Regulations ■ Process Overview z 4 .. h. y _ �77JliT Spokan� jVA11eya 3 22.70.030 SVMC - Introduction Clearview Triangles for Alleys ANCE ■ No reference of alley approaches in tables and REQUIRED SEAB� o0-1 figures for clearview triangle requirements. ■ Focus of this CTA: cC� ■ Evaluate an alley approach as a commercial approach for clearview triangle requirements T `EDGE OF TRAYELWAY POINTS V AND-C ARE LOCATED ATTRE CENTER (A) OF THE ONCOMING THROUGH LANE OR IN THE CENTER OF THE NEAREST ONCOMING THROUGH LANE IF MORE THAN ONE LANE EXISTS Spokan e ,;o*VaUey° M SVMC 22.70.030 - Draft Regulations ■ SVMC 22.70.030 Clearview triangle SEE TABLE ZU01 ■ Alley currently identified as an eligible REQUIREDSESIGHTDISf1 6EStCHTDIST intersection or approach in paragraph ce) cc> A. � ro) ■ Include alley approaches in definition cg) TTT of case type for measurement and �� �, T%��� EDGE OFTRAVELWAY enforcement POINT'A' 6LOCATED AT THE CENTER OF THE SIDE POINTS'B'AND'O ARE LOCATED ATTNE CENTER STREET APPROACH LANE (A) OF THE ONCOMING THROUGH LANE OR IN THE CENTER OF THE NEAREST ONCOMING THROUGH ■ Clarify Figure 22.70-1 to remove stop LANE IF MORE THAN ONE LANE EMS. bar -CLEARVIEW TRIANGLE Q106 n jValleya Chapter 22.130 - Introduction Right -of -Way Permit and Traffic Control Requirements ■ Current exemption for 50% closure of a nonarterial street ■ Results in closures without City knowledge ■ Focus of this CTA: ■ Require any closure of traffic on a street to obtain a ROW permit 5 NUB ARM F ---- - -----�=�-tom° _ � 4 a S#61Z jVaHey° Chapter 22.130 - Draft Regulations ■ Chapter 22.130 Development Transportation Improvements ■ Multiple revisions to "clean up" formatting and code references. ■ Renaming 23.130.090 to Temporary Obstruction Permit to provide unique naming. ■ Maintain two 10-foot lanes on non -arterials rather than allowing a 50% closure without permitting ■ Allow owner or tenant maintenance of landscaping within the ROW ■ Allow additional permit extensions upon request ■ Specify traffic control training as defined in WAC 296-155-305 I Spokane jW1ey Next Steps — CTA-2023-0003 �q Ci 9/28/2023 0� > +Ile 3 Study Session 40 9/28/2023 Administrative Report Public OJ' 1st Ordinance Hearing J Reading 10/26/2023 00' 2nd Ordinance Q Finding & Recommendation/ 11/9/2023 ❑ ❑ CTA-2023-0003 Planning Commission Study Session Sp64en - jVWIey® Questions? 0 Spoka n'.` jvalley CTA-2023-0003 Draft Chapter 22.130 DEVELOPMENT TRANSPORTATION IMPROVEMENTS Chapter 22.130 DEVELOPMENT TRANSPORTATION IMPROVEMENTS Sections: 22.130.010 Purpose. 22.130.020 Regulated activities. 22.130.030 Authority to develop and administer standards. 22.130.040 Street standards. 22.130.050 Manual on Uniform Traffic Control Devices. 22.130.060 Development project and permit review process. 22.130.070 Required improvements. 22.130.080 Repealed. 22.130.090 Conditional use permit. 22.130.100 Right-of-way permit and use requirements. 22.130.110 Liability. 22.130.010 Purpose. The purpose of chapter 22.130 SVMC is to: A. Maintain the proper function of street infrastructure; B. Maintain and improve the street safety; C. Provide for future street expansion; Page 1/5 D. Identify requirements that may be imposed upon development projects and permits defined in SVMC 22.130.020. 22.130.020 Regulated activities. All new development approvals and permits as set in chapter 17.80 SVMC, unless exempt pursuant to SVMC 17.80.040, shall comply with chapter 22.130 SVMC. 22.130.030 Authority to develop and administer standards. The city manager or designee shall develop and administer the Spokane Valley street standards (SVMC 22.130.040) and require development projects to provide transportation improvements, dedicate right-of- way and border easements. These improvements will be required to achieve the purpose of chapter 22.130 SVMC and goals of the currently adopted Comprehensive Plan. 22.130.040 Sheet standards. Pursuant to RCW 35A.11.020 and 35A.12.140, the City adopts, by reference, the City street standards, and as they may be amended from time to time. The city clerk shall maintain a copy on file. 22.130.050 Manual on Uniform Traffic Control Devices. The Washington Manual on Uniform Traffic Control Devices (MUTCD), and as it may be amended from time to time, is hereby adopted by reference. 22.130.060 Development project and permit review process. Following submittal of a completed application pursuant to chapter 17.80 SVMC, the project shall be reviewed to determine compliance with all applicable regulations and standards. Additional material and/or analysis may be required to demonstrate compliance. CTA-2023-0003 Draft Page 2/5 Chapter 22.130 DEVELOPMENT TRANSPORTATION IMPROVEMENTS 22.130.070 Required improvements. A. Prior to the issuance of any approvals for development projects or permits subject to the provisions of chapter 22.130 SVMC, the city manager or designee shall determine the extent and type of street improvements and right-of-way/border easement dedications to the extent allowed by the law, and pursuant to the following: 1. The Comprehensive Plan; 2. The arterial street map; 3. The street standards (SVMC 22.130.040); 4. The Manual on Uniform Traffic Control Devices identified in SVMC 22.130.050; 5. The City of Spokane Valley Transportation hmprovement Program (TIP);6. Information submitted by the applicant including any preliminary site plans, engineering reports, or other relevant data; 7. A determination of the function, safety, efficiency and coordinated future expansion needs of the roadway system to serve the traveling public and emergency vehicles; and 8. Portions of Titles 17 through 25 SVMC, that specifically identify required future roadways, streets, or other rights -of -way. B. Requirements may include but are not limited to: 1. The extent and type of required street improvements pursuant to SVMC 22.130.040; 2. The extent of additional and/or new right-of-way and/or border easement needed to support the required improvements pursuant to SVMC 22.130.040; 3. Participation in capital improvement projects as included in the adopted six -year TIP; 4. Participation in transportation impact fee areas pursuant to SVMC 22.100. 22.130.080 Future acquisition areas. Repealed by Ord. 18-003. 22.130.090 Temporary obstruction permit. A. Permit Required. Temporary obstruction permits shall be issued administratively at or before the time development approvals and permits are granted. Temporary obstruction permits shall, at a minimum, specify the temporary or interim use allowed, the conditions of the permit, the provisions for and timing of removal, relocation or installation and the responsibility for the cost of relocation, removal or installation. B. Appeals. Any appeal of the administrative decision shall be beard pursuant to Chapter 17.90 SVMC, Appeals. 22.130.100 Right-of-way permit and use requirements. A. Right -of -Way Permit Applicability. Unless exempt from permit requirements, a right-of-way permit is required of any person or company who performs construction work or otherwise engages in activity within existing City rights -of -way, easements or on City -awned property. A right-of-way permit CTA-2023-0003 Draft Page 3/5 Chapter 22.130 DEVELOPMENT TRANSPORTATION IMPROVEMENTS authorizes a permittee to perform work or conduct activity in a City right-of-way, easement, or City - owned property. All work within the right-of-way is required to provide traffic control in accordance with paragraph I of this section. General liability insurance is required for all right-of-way permits unless specifically reduced by the City in accordance with paragraph L of this section. Permits shall not be required for the following: L Work done by or for the City within its rights -of -way, easement and/or City owned property. 2. Work that is two hours or less in duration, as long as that work maintains 10 feet of travel width in each direction on a nonarterial street, does not close any lanes on an arterial street, does not close any sidewalks on any street, does not involve excavation within the rights -of -way, or does not involve cutting or placement of pavement, sidewalks, curbs or gutters. 3. Owner or tenant provided maintenance of private residential landscaping outside of the travelled way and sidewalk. B. Expiration. Right-of-way permits issued between April 1st and September 30th are valid for 30 days after the date of issuance, with a one-time 30-day extension available. Right-of-way permits issued between October lst and March 31st shall be valid until the following April 30th. City staff may use Situational discretion to issue additional 30-day extensions at applicants written request. Multiple -use permit shall expire at the end of the City fiscal year. C. Emergency Repairs. In the case of an emergency repair, a private or public utility may commence work prior to obtaining a permit, provided the person responsible for the work obtains a construction permit within 48 hours after work is commenced or on the first City business day following said elapsed 48-hour period. D. Right -of -Way Permit —Application. No right-of-way permit shall be issued unless an application is submitted and approved by the City. The application shall, at a minimum, contain the following: 1. Construction plans or drawings approved by the City, if required; 2. A traffic control plan, if the work does not maintain 10 feet of travel width in each direction of the nonarterial street, closes a sidewalk on any street, or closes any lanes on an arterial street; 3. The period of time during which the right-of-way will be obstructed; and 5. Proof that the contractor's and all subcontractors' meet state and City licensing requirements. 6. Insurance policies for the contractor's and subcontractor's per SVMC 22.120.100 (L). 7. Depending upon the nature and extent of the construction activity or work, the City may require engineering, restoration and drainage plans prepared by a Washington -licensed engineer at the applicant's sole cost and expense. 8. At the discretion ofthe City, a multiple -use permit may be available for licensed and bonded businesses and public utilities. The multiple -use permit fee will be established by resolution in the master fee schedule. The multiple -use permit shall expire at the end of the City fiscal year. The administrative regulations governing the multiple -use permit shall be written and approved by the City. Failure to comply with the administrative regulations shall be a violation of this code. E. Right -of -Way Permit Fees. Permit fees shall be assessed in accordance with the currently adopted Spokane Valley master fee schedule. CTA-2023-0003 Draft Page 4/5 Chapter 22.130 DEVELOPMENT TRANSPORTATION IMPROVEMENTS F. Notice Required. The applicant shall give the City notice not less than 72 hours before any work or activity is commenced and shall notify the City upon completion of the same. If a traffic control plan is required to be submitted with the application, the applicant shall give the City not less than 72 hours' notice. In the event of an unexpected repair or emergency, work may be commenced as required under the circumstances. Unexpected repairs and emergency work shall comply with all other requirements of SVMC 22.130.100. G. Construction Standards. All work within the City rights -of -way, easements, or on City -owned property shall be in accordance with adopted City standards in effect at the time of the application for the permit. These include but are not limited to the Spokane Valley street standards; the Spokane Regional Stormwater Manual; the Inland Northwest Regional Pavement Cut Policy the Manual on Uniform Traffic Control Devices (MUTCD); Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge and Municipal Construction; and applicable standards of the American Public Works Association (APWA). H. Maintaining Access. In the event it is necessary to excavate the entire width of the street, no more than half of the street shall be opened for construction and closed to traffic at one time. Such portion of the work shall be backfilled and completed before the remaining portion of the street may be excavated. If it is impossible, infeasible or unsafe to permit the work while maintaining an open lane for traffic, the City may, with the concurrence of the chief of police and fire chief, permit the street to be blocked for a short period of time where suitable detours can be provided and the public will not be unnecessarily inconvenienced. The permittee shall furnish facilities, such as bridges or other suitable means, or clearly identify appropriate detours, to allow the flow of traffic without unnecessary congestion. I. Traffic Control. Any person or company that performs construction work or otherwise engages in activity within the existing City rights -of -way, or on City -owned infrastructure, is responsible for all traffic control and assumes the responsibility to maintain appropriate signage, signals and barricades that protect the public safety, in accordance with the MUTCD. The person or company shall provide for the safe operation of all equipment, vehicles and persons within the right-of-way. Any person setting up or maintaining traffic control devices is required to have a valid traffic control flagger card from the state of Washington or from a state such as: Oregon; Idaho; Montana; or Other states having a flagger training reciprocity agreement with Washington J. Damage to Existing Infrastructure. All damage to existing public or private infrastructure and/or property during the progress of the construction work or activity shall be repaired by the permittee or in the case where no permit was issued, the responsible party. Methods and materials for such repair shall conform to adopted City standards. If the permittee or responsible party fails to furnish the necessary labor and materials for such repairs, the City shall have the authority to cause said necessary labor and materials to be furnished by the City and the cost shall be charged against the permittee or responsible party. Such charge shall be immediately paid by the permittee and shall, if not paid on demand, be deemed a valid claim on the permittee's bond filed with the City. Nothing herein shall be construed as to limit the authority of the City to seek any other remedy available by law. K. City's Right to Restore Right -of -Way and Easements. If the permittee fails to restore any City right-of- way or easement to its original and proper condition upon the expiration of the time fixed by such permit or shall otherwise fail to complete the right-of-way construction work covered by such permit or if the work of the permittee is defective and the defect is discovered within three years from the completion of the right-of-way construction work, the City or designee shall have the right to do all work and things CTA-2023-0003 Draft Chapter 22.130 DEVELOPMENT TRANSPORTATION IMPROVEMENTS Page 5/5 necessary to restore the right-of-way and/or easement and to complete the right-of-way construction work. The permittee shall be liable for all costs and expenses of restoration or completion. The City shall have a cause of action for all fees, expenses and amounts paid for such work. Following demand, the City may enforce its rights pursuant to SVMC 22.130.100. No additional permits shall be granted until the invoice for City -performed work has been paid. Nothing herein shall be construed as to limit the authority of the City to seek any other remedy available by law. L. Insurance — Evidence. Prior to the commencement of work within the right-of-way the applicant shall furnish the City satisfactory evidence in writing that the applicant has in force, during the performance of the construction work or activity, commercial general liability insurance of not less than $1,000,000 per occurrence and $2,000,000 general aggregate duly issued by an insurance company authorized to do business in this state. In addition, the policy shall name the City as an additional named insured. The City may reduce or remove the insurance limits if good cause exists, such as for residential landscaping completed by the owner or tenant. M. Indemnification and Hold Harmless. The permittee shall defend, indemnify and hold harmless the City, its officers, officials, employees and volunteers from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of the permit issued under SVMC 22.130.100 except as may be caused by the negligence or willful conduct on the part of the City. N. Rules and Policy. To implement the right-of-way permit and provide for the public health and safety, the City, under the supervision of the city manager or designee, may develop and adopt rules, policies and forms consistent with SVMC 22.130.100. O. Violations — Penalties. Any person violating the provisions of SVMC 22.130.100 shall be subject to all enforcement actions and penalties pursuant to Chapter 17.100 SVMC. 22.130.110 Liability. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of Chapter 22.130 SVMC shall rest with the permit applicant and their agents. Chapter 22.130 SVMC and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. CTA-2023-0003 Draft SVMC 22.70.030 Page 1/3 22.70.030 Clearview triangle. A. A sight distance is the length of roadway visible to a driver. The clearview triangle is the triangular area calculated at the intersection of two streets or the intersection of an alley, private street or driveway, and a street to provide the required sight distance and provide unobstructed vision to motorists and pedestrians. 1. For commercial approaches, alley approaches, and stop sign controlled intersections, the clearview triangle shall be calculated pursuant to Table 22.70-1 and Figure 22.70-1. To hie 22.70-1— Cleiretels "17iangle Cnlculalion for Controlled Inter see(ions Case Type Through Street Speed Limit (mph)' Dislonee to Point A in Feet Required Sigh(Dislmrce'•',3 (BC) in Feet Commercial approaches, alley approaches, and stop 25 15 280 sign controlled intersections' 30 335 35 390 Signal controlled intersection, yield controlled or all- Per AASHTO Green Book way stop sigh controlled ' Required sight distance shall be adjusted for grades three percent or greater, more than two lanes, skewed intersections, sharp curves, posted speeds in excess of 35 miles per hour (mph), or for vehicles other than passenger cars pursuant to the street standards as adopted pursuant to SVMC 22.130.040. ' For stop sign controlled intersections, commercial approaches, and alley approaches, use Figure 22.70-1 to determine required sight distance and location of Point A. 3- To determine tire cleaviece triangle, locate points A and C, determine the required distance (BC/CB) using Table 22.70-1, locate point B and connect points A, B, and C. The area enclosed by points A, B, C and the right-of-way is the clearview triangle, hatched area in Figure 22.70-I. Figure 22.70-1 — Clearview Triangle for Commercial Approaches, Alley Approaches, and Stop Sign Controlled Intersections (B) REQUIRED SIGHT DISTANCE SEE TABLE 22.70-1 (B) (C) REQUIRED SIGHT DISTANCE SEE TABLE 22.70-1 (C) `— EDGEOFTRAVELWAY LOCATED THECENTERIS OF THE SIDE POINTS'D' AND `C ARE LOCATED AT THE CENTER STREET APPROACH LANE. (A) OF THE ONCOMING THROUGH LANE OR INTHE CENTER OF THE NEAREST ONCOMING THROUGH LANE IF MORE THAN ONE LANE EXISTS. CLEARVIEW TRIANGLE 2. For uncontrolled street intersections (e.g., intersecting local access streets), the clearview triangle shall be calculated pursuant to Figure 22.70-2. CTA-2023-0003 Draft Page 2/3 SVMC 22,70.030 Figure 22.70-2 — Clearview Triangle for Uncontrolled Street Intersections 90 FT 90 FT ACCESSCENTERLINE EDGEOFTRAVELWAY T-OF-WAY RIGHT-OF-WAY V/7 (A) 3. For noncommercial driveways, the cleat -view triangle shall be calculated pursuant to Figure 22.70-3. Figure 22.70-3 — Clearview Triangle for Noncommercial Approaches 15 FT 15 FT ►{ (B) (C) CURB L t2 EDGE OF DRIVEWAY NOTE: IF NO CURB IS PRESENT, MEASURE IN S FEETTOWARDS THE PROPERTY LINE FROM THE EDGE OF THE ROADWAY, B. Within the clearview triangle, the space between three and one-half feet and seven feet above the street, or three feet and six and one-half feet above the sidewalk, shall be unobstructed from vegetation, structures, signs, and other view obstructions in the manner shown pursuant to Figure 22.70-4. CTA-2023-0003 Draft SVMC 22.70.030 Figure 22.70-4—Clearview'friangle Vertical Clearance Requirements VEGETATION WITHIN CLRARVMW TRIANGLE C. Exemptions. Cleaview triangle requirements shall not apply to: Page 3/3 1. Public utility poles; 2. Trees, so long as they are not planted in the form of a hedge and the shortest branches are trimmed to a height of at least seven feet above the street surface; 3. Properties where the natural ground contour penetrates the clearview triangle; or 4. Traffic control devices installed by the City. 5. Parked vehicles, provided they are legally parked, currently registered, and operable.