2024-12-12 - Agenda PacketjValleye
Notice and Agenda For Regular Meeting
Spokane Valley Planning Commission
Thursday, December 12, 2024 at 6:00 p.m.
Remotely via ZOOM meeting and In Person at. -
Spokane Valley City Hall located at 10210 E Sprague Avenue
NOTICE IS HEREBY GIVEN that a Regular Spokane Valley Planning Commission meeting will be held December 12, 2024,
beginning at 6:00 p.m. The meeting will be held in Council Chambers at Spokane Valley City Hall located at 10210 E Sprague Avenue,
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 City Hall 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 hearing. " If making a
comment via Zoom, comments must be received by 4:00 pm, the day of the meeting. Please email planning a(a�spokanevallevwa.gov
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://Wokanevallgy.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: November 14, 2024
6. COMMISSION REPORTS
7. ADMINISTRATIVE REPORT
8. PUBLIC COMMENT: This is an opportunityfor the public to speak on any subject except items listed as public comment
opportunity or public hearing as comments will be taken when those items appear on the agenda.
9. COMMISSION BUSINESS:
a. Study Session: CTA-2024-0002 — Right -of -Way (ROW) Permits (Presented by Tony Beattie)
10. FOR THE GOOD OF THE ORDER
11. ADJOURNMENT
Regular Meeting Minutes
Spokane Valley Planning Commission
Spokane Valley City Hall
November 14, 2024
I. Vice -Chair Susan Delucchi called the regular meeting to order at 6:00 p.m. The meeting was held in
person and via ZOOM meetings.
The Commissioners and staff stood for the Pledge Of Allegiance.
II. Administrative Assistant Marianne Lemons took attendance, and the following members and staff
were present:
Susan Delucchi
Michael Kelly
Bob McKinley, absent
John Robertson
Vadim Smelik, absent
Justin Weathermon
Dan Wilson
Tony Beattie, Deputy City Attorney
Lori Barlow, Senior Planner
Justan Kinsel, IT Specialist
Marianne Lemons, Administrative Assistant
There was consensus from the Planning Commission to excuse Chairman McKinley &
Commissioner Smelik from the meeting.
III. AGENDA: Commissioner Robertson moved, and it was seconded, to approve the meeting agenda
for November 14, 2024. There was no discussion. The vote on the motion was five in favor, zero
against, and the motion passed.
IV. MINUTES: Commissioner Weathermon moved, and it was seconded, to approve the meeting
minutes for the October 24, 2024 meeting. There was no discussion. The vote on the motion was
five in favor and the motion passed.
V. COMMISSIONER REPORT: Commissioner Kelly reported that he was in the country of Nepal,
and he stated that the roads in Washington are much better and he is grateful for the order
established. There were no additional Commissioner reports.
VI. ADMINISTRATIVE REPORT: There was no administrative report.
VH. PUBLIC COMMENT: There was no public comment offered.
VIII. COMMISSION BUSINESS:
a. Findings of Fact: CTA-2024-0001 — Amendments to Chapter 17.80 Permit Processing
11-14-2024 Planning Commission Minutes
Page 2 of 2
Senior Planner Lori Barlow provided a brief overview of the Findings of Fact for CTA-2024-0001
explaining how they formalize the Commission's recommendations made after receiving public
comment during the public hearing and Planning Commission deliberations.
Commissioner Kelly moved, and it was seconded to approve the Findings of Fact for CTA-2024-0001
and forward them to the City Council for approval. There was no discussion. The vote on the motion
was five in favor, zero against, and the motion passed.
b. Motion Consideration: Planning Commission Rules of Procedure Amendment
Deputy City Attorney presented a staff report. He explained that on September 12, 2024, the Planning
Commission voted to approve the Rules of Procedure. Upon preparing to bring the item to Council
for formal adoption by resolution, staff discovered that Section III.B. of the proposed rules had
outstanding items for consideration. He stated that he was bringing this item back to the Planning
Commission to consider options related to how long a Commissioner must have served on the
Commission to be elected by the membership as Chairman or Vice -Chair.
Commissioner Kelly moved, and it was seconded, to add language to Section IILB of the Planning
Commission Rules of Procedure that Commissioners must have served at least nine months and have
attended a minimum of 14 meetings as a Commissioner to be eligible to be elected as an officer. There
was no discussion. The vote on the motion was five in favor, zero against, and the motion passed.
IX. GOOD OF THE ORDER: There were no Commissioner reports.
X. ADJOURNMENT: Commissioner Robertson moved, and it was seconded, to adjourn the meeting
at 6:32p.m. The vote on the motion was five in favor, zero against, and the motion passed.
Bob McKinley, Chairman Date Signed
Marianne Lemons, Secretary
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: December 12, 2024
Item: Check all that apply ❑ old business
❑ information
❑ new business ❑ public hearing
® study session ❑ pending legislation
AGENDA ITEM TITLE: Study Session: CTA 2024-0002 Right-of-way Permits
GOVERNING LEGISLATION: Chapters 17.80 and 22.130 SVMC
PREVIOUS
ACTION: None.
BACKGROUND: The purpose of right-of-way permits is to prevent unlicensed obstruction and
use of the right-of-way that impedes the traveling public, and to ensure applicants bear the
responsibility for damage caused by their activity. Pursuant to chapters 17.80 and 22.130 SVMC,
the City of Spokane Valley has treated right-of-way permits as Type I land use permits. However,
in reality, right-of-way permits are distinct from other permits listed in table Table 17.80-1 as they
are for management of the City's rights -of -way, easements, and other public properties held in trust
by the City for the public.
Further, pursuant to SVMC 17.80.040(A)(1), arguments have been made that certain entities, while
clearly impeding the traveling public, are conducting normal maintenance or repair, for which no
right-of-way permit may be required. Because of this, and other potential confusion with this
subsection, the City is recommending removing the exemption for normal repair and maintenance.
In total, CTA 2024-0002 would repeal SVMC 22.130.100 in its entirety, and make other minor
language changes to chapters 22.130, and 17.80 SVMC. City Council will consider adopting
chapter 9.50 SVMC for right-of-way permits in conjunction with Planning Commission's
recommendation related to CTA 2024-0002. Putting right-of-way permits in Title 9 related to
Vehicles and Traffic makes more sense for the public at large. Chapter 9.50 SVMC would replace
the repealed SVMC 22.130.100 and provide a clearer path for enforcement of right-of-way permits
through utilization of the nuisance procedure.
ACTION OR MOTION: Discussion only.
STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney
ATTACHMENTS:
1) Proposed amendments to chapters 17.80 and 22.130 SVMC.
2) Presentation
RPCA Study Session: CTA 2024-0002 Right-of-way Permits Page 1 of 1
Spokane Valley Municipal Code
Chapter 17.80 PERMT PROCESSING PROCEDURES
Page 1/3
17.80.030 Assignment of development application classification.
A. Assignment by Table. Land use and development applications shall be classified pursuant to Table 17.80-1
below:
Table 17.80-1— Permit Type and Land Use Application
Type
Land Use and Development Application
SVMC Cross -Reference
Accessary dwelling units
19.40
Administrative determinations by city manager or designee
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
Type I
Home business permit
19.65.180
Shoreline letter of exemption
21.50
Record of survey to establish lots within a binding site plan
20.60.030
Right of ay permits
99 110100
Site plan review
19.130
Small cell permit
22.121; 22.122
Temporary use permit
19.160
Time extensions for preliminary subdivision, short
subdivision, or binding site plan
20.30.060
Alterations —preliminary and final short subdivisions and
preliminary and final binding site plans (where there is no
alteration of a public dedication)
20.60
Binding site plan — preliminary and final
20.50
Emergency shelter and emergency housing
19.45
Minor alterations — preliminary subdivisions
20.50
Permanent supportive housing
19.45
Type II
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
Transitional housing
19.45
Spokane Valley Municipal Code
Chapter 17.80 PERMT PROCESSING PROCEDURES
Page 2/3
Type
Land Use and Development Application
SVMC Cross -Reference
Transitional parking programs
19.45
Vacation — short subdivisions and binding site plans where
there is no vacation of an area designated or dedicated for
public use
20.70
Wireless communication facilities
22.120
Alterations — final subdivisions (where a public hearing is
requested)
20.50
Alterations — preliminary and final short subdivisions and
preliminary and final binding site plans (where there is
alteration of a public dedication)
20.60
Conditional use permits
19.150
Type III
Subdivisions — preliminary
20.30
Substantial alterations — preliminary subdivisions
20.50
Vacation — subdivision; short subdivisions and binding site
plans where there is vacation of an area designated or
dedicated for public use
20.70
Variance
19.170
Zoning map amendments (site -specific rezones)
19.30.030
Annual Comprehensive Plan amendments (text and/or map)
17.80.140
Type IV
Area -wide zoning map amendments
17.80.140
Development Code text amendments
17.80.150
B. Assignment by City Manager or Designee. Land use and development applications not defined in Table 17.80-1
shall be assigned a type based on the most closely related application type by the city manager or designee, unless
exempt under SVMC 17.80.040. When 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 Chapter 17.80 SVMC, subject to any additional or modified procedures provided in Chapter
21.50 SVMC, Shoreline Regulations, including submittals, completeness review, notices, hearings, and decisions.
D. Small cell permits and wireless communication facilities shall be processed pursuant to the procedures set forth
in Chapter 17.80 SVMC, except as may otherwise be required pursuant to federal and state law, including but not
limited to 47 USC 1455(a) (Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012) and
Chapter 35.99 RCW. Chapter 22.122 SVMC specifies applicable time periods for review and processing of eligible
facilities requests, collocations, small cell permits, and new wireless communication facilities.
E. Except as provided in Table 17.80-1, change of conditions for permits shall be processed the same as the original
permit type.
17.80.040 Exempt activities.
A. Exemptions. Unless specified elsewhere in SVMC Title 17, the following development activities are exempt
from the procedural requirements of Chapter 17.80 SVMC:
1. *4efmgl of REmergency repair or maintenance of public or private buildings, structures, landscaping, or
utilities.
Spokane Valley Municipal Code
Chapter 17.80 PERMT PROCESSING PROCEDURES
2. A change of any legally established use is exempt, unless the change of use requires:
a. An increase in the number of parking spaces provided;
b. A conditional use permit under Chapter 19.150 SVMC, Conditional Use Permits;
c. A site plan approval under Chapter 19.130 SVMC, Site Plan Review; or
d. Review by SEPA.
3. Final subdivisions, short subdivisions, and binding site plans.
4. Building permits that are not subject to SEPA.
Page 3/3
5. On -site utility permits not obtained in conjunction with a specific development application including, but not
limited to, sewer hook-ups, water hook-ups, right-of-way permits, and fire department permits.
6. Sign permits.
7. Interior remodeling and tenant improvements unless site plan review is required under Chapter 19.130
SVMC, Site Plan Review provided that the interior alterations do not result in the following:
(a) Additional sleeping quarters or bedrooms;
(b) Nonconformity with federal emergency management agency substantial improvement thresholds; or
(c) Increase the total square footage or valuation of the structure thereby requiring upgraded fire access or
fire suppression systems.
B. Other Regulations. Applications exempt pursuant to SVMC 17.80.040 remain subject to all other applicable
standards and requirements of the SVMC.
Spokane Valley Municipal Code
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 a:_x.t e fiwa. ..,.,., iit and use r......:........._....Repealed.
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 1/4
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 Street 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.
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:
Spokane Valley Municipal Code Page 2/4
Chapter 22.130 DEVELOPMENT TRANSPORTATION
IMPROVEMENTS
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 19eal =The Ciri of Spokane Vallev Transportation Improvement Plan;
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 the uniform development code, SVMC Titles 17 through 25, 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 on the adopted six -year
planTransportation Improvement Plan.
4. Participation in transportation impact fee areas pursuant to chapter 22.100 SVMC,
22.130.080 Future acquisition areas.
Repealed by Ord. 18-003.
22.130.090 Conditional use permit.
Repealed by Ord. Dean.. DequireA Conditional use permits shall be :sued administratively at or
before the time development approvals and permits are granted. Conditional use permits shall, at a minimum,
22.130.100 Right-of-way permit and use requirements.
Repealed by Ord. A. Right of Way Permit Applicability. Unless exempt from permit requirements,
in activity within existing City rights of way, of an City owned infrastructure. A right of way permit authorizes a
a right of way permit is required of any person of companywho pprfmins P'onstru et-i -on- v, ork or other" ise engages—
�_ Wer* that iq Ave houfs or less in durAiao, as long as that wofl,. does not fequife !he elasufe 4mefe than 50
pefeem 4a nonaftefial street, does not elese any lanes an an arterial street, does no! involve exeavation " ithin
the rights of way, or does not involve cutting or placement of pavement, sidewalks, curbs or gutters.
Spokane Valley Municipal Code Page 3/4
Chapter 22.130 DEVELOPMENT TRANSPORTATION
IMPROVEMENTS
done in any manner in violation of !he provisiong of the 9144C; or aRY oilier laws, ofdina slandafds of thig
rurisdietion.
Ad. fell 41 A .Ball be valid ....til the r 1iowi.... A pfil 30t4
.. efl.:....emmeneed or on the first City business day following said elapsed 48 h. of per-:..d
D. Righ4 of Way Permit Appheatieft. No right of way pefffiit silall be, issued unless a. �ATitten appheatieft is
submitted afid approved by the City. The application shall, a4 a miftimum, contain the fellewifig�
lanes
2. A traffie if thewar4 than 50
eantfal plan, elases more
pefeent @�the nonafterial sireet, of elases ", an
an afterial stf eel;
1 The time duria.... h:eh the ..F...ay;A411
he ..h..tfueted. all
lieensing, insurance and requirements.
pe.:..d @.
fight
4. Proof the
of eontractor's and all subeentractors' state
I ARP.RRlL ..... .1S!E!Ll...._.......
I•
S
I 11
ml
••
--------------
Spokane Valley Municipal Code Page 4/4
Chapter 22.130 DEVELOPMENT TRANSPORTATION
IMPROVEMENTS
!he existing Gi!Y rights 4 way, of an City Owned is responsible fef all #49p' ReStral And Assumeq die
responsibility to maintain appropriate signage, signals and barricades that Protect the public sa",, ift aeeefdafteL-
Witli thp, 444-4-GD. The Person OF company shall Provide for the safe opefation of all equipment, vehieles and
persons ...:thift the fight of .. ,...
j. Damage to Existing All damage to existing publie of private iftfiasti�aetidft andlef pfepefty dtifing
Fepaif shall eenfefm to adopted City standaMs. if the pefmittee fails to fiffim-ish tlie, nece9saffy labef and matefials
and flie east gliall be ehafged against the pefmittee. Stteh ehafge shall be ifnmedia4ely paid by the pefffiittee and -
shall if nat paid en ,1......and be deemed .. valid elaim an the be fl,1 filed with the Cit..
K. Giiy's Right io Resiofe Right of Way aa4 Easements. if !he pefmittep fails to feglef@ any G45, right 4 way qT-
easement to its original wid PF0PGF condition upeft the expifa+ieft of the time fixed by such permit or shall othepwise.
fail to complete the right of way construction weric covered by stteh pefmit or if the work of the permittee is
defeeriye and the defea qq dqqrw',PrPd- within one year from the completion of the fight of way eonstructionwork-,
the City or designee shall have the right to do all worli and things necessary to restore the right of way and/ef
easement and to complete the right of way construction work.
The pefmittee shall be liable 4;�f a." eogtq and expenses Of Festefation of eeffifletion. The City shall hEwe a eause
aetieft fef all fees, expenses and afneuft4s paid fqF quE4i ;A,afk- Following demand, the City may elifefee its fi&s-
been paid.
L.-Insti-ranee Evidpnee. The permittee, prior to the eommeneement of construction hereunder, shall tumish the City
satisfaetory evidence in writing that the permittee has in force, during the pefformanee of the construction work or
aetivity, commercial general liability insurance of not less than $1,000,000 per occurrence and $2,000,000 general -
aggregate duly issued by an insurance eompany authorized to do business in this state. in addition, the poliey shall -
name the City as an additional narnpd insured. The City may reduce the insurance limits if good cause exists.
M. and- Rold 14a�'R,99. The pefmittee shall defend, indeFmtif�, and hold hafmiess the City, its
paA of the City. .411ft.1 ,.,...,1..et o fl the.
under the supervision of the city manager, may develop and adopt rules, policies and forms consistent with SVMC
22.130. 100 All adopted rules policies and forms shall be filed with the city clerk
o..F ..,.,.».,...t .. ....d ..,.....lt:,... ...... ,. l4....t,... 1'] 11111 CVT Ali .
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.
CTAm2024mOOO2 on
Right-of-way permits
Ch. 22.130 SVMC & SVMC 17.80.030
Tony Beattie, Senior Deputy City Attorney
December 12, 2024
Spokane
Valley
•
1i! It wy �
�RAM
-
i
11i
Small Subtitle goes here
Right-of-way Permits
Purpose: to properly
manage the rights -of -
way held in trust by the
City for the public.
• Right-of-way permits are licenses to conditionally utilize
the rights -of -way or allow construction activities therein.
• They are processed mostly by the City's Traffic Engineer
team, often requiring coordination with other uses, and
proper conditions such as traffic plans to ensure safety
and reduce risk to the City and the general public.
• They also require adherence to the City's adopted street
standards and pavement cut policy.
• Right now they are processed as Type I permits pursuant
to chapters 22.130 and 17.80 SVMC.
Chapter 22.130 SVMC
Proposed Changes
• As right-of-way permits are not land use or development
regulations related to use of private property, they are better
regulated under Title 9 related to "Vehicles and Traffic."
• The main purpose of this amendment is to transfer SVMC
22.130.100 to Title 9 to make it clear that these regulations are
separate from the requirements of chapter 17.80 SVMC.
• Other minor updates to language are proposed as well.
SVMC 17.80.030
Proposed Change
Remove Right-of-way permits from Type I permit
category, and remove exemption language related to
"normal" maintenance and repair.
• "Chapter 17.80 SVMC is presented as though City
Council has adopted CTA 2024-0001, which is
currently in front of them for consideration.
PROCESS
1
AMENDMENT
Staff initiates
amendment
2 PLANNING CITY COMMISSION 3 REVIECIryUNCILORDINANCE
4
REVIEW
TBD—ublic
Hearing, tent.
Jan 23, 2025
TBD Adoption of
Findings of Fact
TBD
Administrative
report
TBD Ordinance
First Reading
TBD Ordinance
Second Reading
Effective five
days after
publication
THANK YOU.
Questions?
Spokane
Valley