Loading...
HomeMy WebLinkAbout2025-10-09 PC AGENDA PACKETSookane jUalley Notice and Agenda for Regular Meeting Spokane Valley Planning Commission Thursday, October 9, 2025, 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 October 9, 2025, 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: If making a comment via Zoom, comments must be received by 4:00 pm, the day of the meeting. Please email plammne(/Dspokanevalle� or call the Planning Commission Secretary at 509-720-5110 to be added to the Zoom speaker list. Otherwise, comments will t in -person at the meeting, as noted on the agenda below: LINK TO ZOOM MEETING INFORMATION: httlis://spokanevalley.zoom.us!/87146597722 One tap mobile US:+12532158782„87146597722#or+13462487799„87146597722#US Meeting ID: 871 4659 7722 AGENDA: 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES: September 11, 2025 6. COMMISSION REPORTS 7. ADMINISTRATIVE REPORT S. PUBLIC COMMENT: Thus an opportumbjor thepublic to speakon any subject except items listed aspublic comment opportunity orpublic hearing as comments will be taken when those items appear on the agenda. 9. COMMISSION BUSINESS: a. Findingsof Fact CTA-2025-0001—Home Business Regulations(Presented by Levi Basinger) b. Study Session: CTA-2025-0002—Wireless Communication Tower Height(Presented by Lori Barlow) 10. FOR THE GOOD OF THE ORDER 11. ADJOURNMENT Regular Meeting Minutes Spokane Valley Planning Commission Spokane Valley City Hall September 11, 2025 I. Chairman Robert McKinley called the regular meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. H. The Commissioners and staff stood for the Pledge of Allegiance. III. Administrative Assistant Denise Mclain took attendance, and the following members and staff were present: Michael Kelly Kelly Konlnright, City Attorney Bob McKinley Steve Roberge, Planning Manager Emily Meyer Jenny Nickerson, Building Official John Robertson Levi Basinger, Associate Planner Justin Weathermon Jonny Solberg, IT Specialist Ann Winkler Denise Mclain, Administrative Assistant Dan Wilson IV. AGENDA: Commissioner Kelly moved, and it was seconded, to approve the agenda for September 11, 2025. There was no discussion. The vote on the motion was seven in favor, zero opposed, and the motion passed. V. MINUTES: Commissioner Winkler moved, and it was seconded, to approve the meeting mirmtes as presented and as amended. There was no discussion The vote on the motion was seven in favor, zero opposed, and the motion passed. VI. COMMISSIONER REPORT: Commissioner Winkler reported that there was a decline in the number of trips generated per household from 10 to 9.09. SRTC did a survey in 2003 that found that the more children in a household, the more trips that were made. Commissioner Kelly attended the Legislative roundtable with the Associated Builders and Contractors. He was able to hear about the issues faced by local contractors that will impact on how we develop. Changes in Spokane dominated the conversation regarding labor unions. Commissioner Robertson thanked the commission for excusing his absence at the last meeting and encouraged the others to attend the fair. VII. ADMINISTRATIVE REPORT: Steve Roberge, Planning Manager, reminded the commissioners about ValleyFest and that the city would have a booth. A few items will be featured, including our Comprehensive Plan, and new requirements and processes from the state. There will also be a kickoff for the Master Park Plan update. The next thing the Planning Commission will be working on is a code update for communication towers, so that will be on the next agenda. Next Tuesday at 09-11-2025 Planning Commission Minutes Page 2 of 3 5:00 pm, the City Council will be hosting a Community Conversations event that focuses on the update to our Hazard Mitigation Plan and hazards to the city. VIII. PUBLIC COMMENT: There was no public comment offered. IX. COMMISSION BUSINESS: a. Public Hearing: CTA-2025-0001 —Home Business Licensing Mr. Roberge reported that the code revisions were reduced from the last meeting. During this Public Hearing, the discussion would only include the fees for Business Licensing. Levi Basinger, Associate Planner, presented the Home Business Licensing Code Text Amendment. Mr. Basinger reviewed the application process, current code and proposed changes, as well as the purpose behind the proposed changes. Commissioner Kelly asked for clarification on the purpose of the changes to the code and reasoning for removing the fee exemption from this section of code. There was a conversation regarding the Master Fee Schedule and a desire to move all fees to one place for City Council to consider when they make changes to the fees during their budget review. Commissioner Kelly moved and it was seconded to suspend the conversation and open the public hearing. The public hearing opened at 6:30 pm. There was no public comment offered. Commissioners continued their discussion. Commissioner Winkler offered her support to remove the fee exemption and voiced her personal experience operating a home business. Commissioner Robertson voiced a concern regarding the fee adding a burden to home businesses. Commissioner Kelly voiced his desire to leave the planrung portion of the code as it stands and wait for the City Council to decide if the fee is needed to generate revenue. Chairman McKinley appreciates the desire to consolidate the location of fees but cautions that business owners are being charged fees on many fronts and that creates a hardship. The public hearing closed at 6:40pm. Chairman McKinley askedfor a motion, and it was seconded, to approve the proposed amendment to Title 19 with the recommendation that the exemption be reinstated in another section of the code. There was no discussion. The vote on the motion was seven in favor, zero opposed, and the motionpassed. 09-11-2025 Planning Commission Minutes Page 3 of 3 X. GOOD OF THE ORDER: Commissioner Meyer reported that she started a newjob at a local manufacturer. Commissioner Kelly encouraged staff to bring the other changes previously withdrawn from the proposed amendment to home businesses licensing to the commission for review again. Commissioner Robertson thanked the commission for what they do for the community. Chairman McKinley shared his memory of September 11e and the country's unity of that day. He voiced his appreciation for the other commissioners sharing their points of view and bringing different perspectives to the meeting. XI. ADJOURNMENT: Commissioner Robertson moved, and it was seconded, to adjourn the meeting at 6: 46p.m. The vote on the motion was seven in favor, zero opposed, and the motion passed. Bob McKinley, Chairman Date Signed Derus¢ CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: October 9, 2025 Item: Check all that apply ❑ old business ® new business ❑ public hearing ❑ information ❑ study session ❑ pending legislation AGENDA ITEM TITLE: CTA-2025-0001 Findings of Fact: Amendments to section 19.65. 190 (A) Home Businesses GOVERNING LEGISLATION: SVMC 19.65.190 (A), Chapter 36.70ARCW PREVIOUS COMMISSION ACTION: Study Session 09-28-2025, Public Hearing 09-11-2025. BACKGROUND: The purpose of the home business regulations is to allow for limited business activities within residences while ensuring that the business remains incidental to the residential use of the property, and that the residential viability of the dwelling is maintained. In 2024 there were approximately 460 permitted home businesses operating within the City of Spokane Valley. City Council is considering changes to the Master Fee Schedule which includes fees for home business permits. Regulations concerning fees are contained in Title 3 SVMC, Revenue and Finance. Pursuant to SVMC 19.65. 1S0(A)(1), businesses may be exempt from the home business permit fee if they meet certain criteria. Since fees are addressed in SVMC Title 3 and not in Title 19, Zoning Regulations, the proposal includes removing fee exemption criteria from Title 19. Any permit fee changes or exemptions would be determined by Council through a resolution as provided in Title 3 SVMC. On August 29, 2025, the Planning Commission conducted a study session, and on September 11, 2025, the Planning Commission conducted a public hearing followed by deliberations. During deliberations the Planning Commission discussed the proposed amendments and expressed concems that fees may become abmdento home businesses ifthe exemptions frompemnit fees are removed. A motion was made to approve the proposed code text amendments to SVMC 19.65. 180(A) with a recommendation that City Council reinstate the home business permit fee exemption either in another chapter of the municipal code or as part of the updated master fee schedule. The Planning Commission voted 7-0 to recommend the CityCouncil approve CTA-2025- 0001, with the additional recommendation that the exemption from payment of the home business permit fee be retained for qualifying home businesses. RECOMMENDED ACTION OR MOTION: Move to approve the Findings and Recommendation of the Planning Commission for CTA-2025-0001. STAFF CONTACT: Levi Basinger, AICP, Associate Planner ATTACHMENTS: CTA-2025-0001 Findings of Fact CTA-2025-0001 RPCA CTA-2025 0001 Page 1 of 1 19.65.180 Uncategorized uses A. Home Businesses. The following supplemental regulations apply to all home businesses. 1. Applicability. Any person, group, or entity conducting a "for profit' enterprise from a location whose primary use is a residence shall obtain a home business permit. A home business may only be established in a residence that has been legally permitted. PUS i.....-ses may be e)(empt from the heme hU.-i..ess p mi4 fee a estabi shed by the ..steF fee SGhedule f all of the fGIl.....�......r�1..rA A FP Met ob N e(s) Wh Gh change the . s dent a' character of the property; 2. Home businesses are permitted as accessory uses, except as indicated by SVMC 19.65.180 (A)(3), incidental to the property's primary use as a residence, subject to the following requirements: a. Business owner shall be primary resident. b. Property shall retain a residential appearance and character. c. All storage shall be enclosed within the residence or accessory structure, d. There shall be a limit of two employees not residing on the premises engaged in the home business. e. One unlighted sign placed flush against the exterior wall of the primary structure not exceeding four square feet in area is permitted. f. There shall be no window display nor shall sample commodities with the exception of flowers and produce grown on the premises be displayed outside the building(s), g. The hours of operation are limited to 7:00 a.m. to 10:00 p.m.. h. The home business use shall not create electronic interference including, but not limited to, interference with radio, satellite reception, telephone, or television reception, nor generate measurable levels at the property line of noise, dust, smoke, odor, or glare. The business activity shall not generate solid waste in volume or type which is not normally associated with residential use unless specifically permitted; i. Loading docks and mechanical loading devices are not permitted; j. Traffic or parking of vehicles shall not be generated in greater volumes than normally expected in a residential neighborhood. Parking shall be accommodated within the required off-street parking on private property; and k. Uses which are detrimental to the existing residential appearance and character are not allowed as home businesses. 3. Specific uses which are not permitted as home businesses include, but are not limited to, the following: a. Adult retail use establishment; b. Adult bookstore or adult entertainment establishment; c. Auto repair; d. Auto body repair; e. Cabinet making; f. Kennel or stables; g. Large appliance/electronics or equipment repair or service; h. Manufacturing and/or related storage; i. Restaurants/drinking establishments; j. Small engine repair; k. Truck hauling and/or tow storage yard; I. Vehicle sales; m. Welding or metal plating shops; and n. Wholesale or retail sales. Appendix A: Definitions Home business: A business, profession, or craft accessory to the residential use. CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: October 9, 2025 Item: Check all that apply ❑ old business ® new business ❑ public hearing ❑ information ® study session ❑ pending legislation AGENDA ITEM TITLE: CTA-2025-0002 Wireless Communication Tower Height Amendment GOVERNING LEGISLATION: RCW 36.70A.106, SVMC 17.90.150 and 19.30.040. PREVIOUS COMMISSION ACTION: None BACKGROUND: CTA-2025-0002 is a city -initiated code text amendment to amend chapter 22.120 SVMC to increase the tower height limit when the tower is used by a regional organization for first responder communication. Current regulations limit the tower height to 60 or 90 feet depending on the zoning district. The CTA willincrease the tower height to 100 feet, with anadditional 20 feet for an antenna army, for a total combined height of up to 120 feet, if the operator is a regional organization providing emergency communication. 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. Wireless Communication Towers are allowed in all nonresidential zoning districts so long as the requirements of chapter 22.120 SVMC and SVMC 19.65.030 Communication Facilities are met. A conditional use permit is required if the tower is proposed in aresidential zone. Generally, the requirements address application requirements, design standards, including aesthetics, setbacks, and height limits. City staff have been in discussion with Spokane Regional Emergency Communications (SREC) who will be locating their operations in Spokane Valley. It has become apparent that to provide emergency communications services throughout the region, their communication tower must be at least 100 feet in height. On July 29, 2025, City Council adopted Ordinance 25-013, as an emergency interim ordinance increasing the height limits for communication towers used by regional facilities for first responder communication. The ordinance stipulated that these interim regulations would be in effect for 190 days unless repealed, extended or modified by the City Council. The Council has directed the Planning Commission consider an amendment to the tower height limit related to first responder communication towers consistent with SVMC 17.90.150 and provide a recommendation for apermanent code. Staff will discuss the matter and provide an overview of the proposed regulations. ACTION OR MOTION: No action recommended at this time. STAFF CONTACT: Lori Barlow, AICP, Senior Planner and Adam Knight, Associate Planner ATTACHMENTS: 1. Presentation 2. Draft CTA-2025-0002 3. Ordinance #25-013 RPCA Study Session for Code Tat Amendment CTA-2025-0000 Page 1 of 1 CTAm20254002 Wireless Communication Tower Height Amendment Planning Commission Study Session �� Lori Barlow, Senior Planner pokane October 9, 2025 Valley Wireless Communication Tower Regulations Amendment Issue: • Spokane Regional Emergency Communications (SREC) intends to relocate to Spokane Valley to operate a 911 call center • A 100' high tower with a 20' antenna array extending above the tower is required to provide reliable continuous emergency communication services. • SVMC 22.120.040 prohibits tower heights from exceeding 60' with an additional 20' antenna array extending above. CITY OF SPOKINE VALLEY SPOK4 CODNFI', WASDTNGTON ORDINANCE NO. 23 13 A\ EIERGENCY L\Z Ml ORDMA GE OF THE C'.1TY OF SPOKAIT V:ILLEY, SPORJ_NE COENTY, 3VA GT'ON, ADOPTLNG RINIEDLITE HEIGHT RESTICTIONS FOR COABHU CATION TORYRS CSED BY REGIONAL. FACILITIES FOR FIRST RESPONDER COABFC\FCATIONS, ANTI OTHER ]11AI"FERS RELATL\G THERETO. WIDiREAS, the City of Spokane Valley C`Citr") my with the Spvk v cowry ShesiD's Office ("SCSO'� to provide law mfa.cemeot mvices withmihe Cdy, avd.ecaves both ®agency medical ok Sae pmly Fi services o 3 Spokane Valley Fhe 1b iyely (`Tine F. Depmt'e wd F. se Cowry Fhe Il Via No_ 8 ('Poe Ihsaict" and mllmively with the Fine Depum.wt, "Fim Service Paovidess'), and WHEREAS, the SCso and the Fine Service Paovidas both inn¢ with SpokoneReV.A Eme gency Finmm.mlOtmn9 ('SRF.C')F a aeponal public safety mswermg point (ie a regional 911 cAlcmta) famed wd. RCW 3934 of seq_, w mwi ,c %fin cmergeucyn csc . (Ls 911 emagenq calls) w dspatch aPPauP w magwy Paswvd b mspond to ®ergemes (hemnA. "®agency ..'), and WHEREeIS, SREC =eutly maintains its .egiona1911 call ®te. F ty, iwh g rts Paimary/master � '�•tiw town, on P eny th t SREC lraw_s ft. the City of Spokane. and WHEREeIS, the 1� hetwem the City of Spokane a SREC wi6 expire az the and of 2025, after whwh the City of Spokane has stag a mteuds to begin ocavpying and mmg the PaoPaty tooperate m awn®ergmcy call a ,and WID:RE the City. SCSO, and other cunmt mmbea ag es o£SREC are wt and do not anticipate hemming members m weJpimts of emergency cammwica m City of S,o ,and WIDiREAS, m inch ropa.de swmampwd emergency - aoas to k City and SREC's other member agencies, SREC needs w have use of a vpaariwal 91f call ants, including a new p.i 1mute. comm.mrations taw fore the C- tTy�(rt/,n,, oec esSREC'sinn.11 wdfaohia wd IIyy���� Qq9 k WHEREAS,SI C osvre real pmpatywrtlunthe tylomtrd'F MNbeanP. Qw..fer `Ropeay'7 w which it mtmds w Iota N vew . 1 call con ptwazy/mulercvmmwrahons tower, a� VV'' Regulations Wireless Co Ovelview - imu ication Ch 22.120 SVMC Facilities ► Current Regulations: 22.120.010 Purpose and Intent 22.120.020 Permits and exemptions 22.120.030 Required application submittals 22.120.040 Design standards — in�Fe height limit 22.120.050 Landscaping ► Interim Amendment: 22.120.060 Towers for EmergencCommunications Services Specific Language of Ord. No. 25413 22.120.060 - Towers for Emergency Communication Services Wireless communication services, including transmission towers or antenna support structures, that are used by regional facilities for first responder communication shall be exempt from the provisions of SVMC 22.120-1 Tower Height Limitations. Such regional facilities that assist with first responder communication shall be allowed a height restriction of up to 100 feet for the tower and up to 20 feet for the antenna array attached to the tower, for a total combined height up to 120 feet (where the tower is no more than 100 feet from the ground and no antenna array extends more than 20 feet above the top of the tower). Current and Interim Ordinance Comparison Table 22.120-1 - Tower Height Limitations Zone Antenna Array Support Tower Antenna Array SuppodTower R-1, Single -Family Residential Estate 20 feet a hove the zoning height limitation or 16 feet above existing structure 60 feet 20 feet 100 feet R-2, Single -Family Residential Suburban R-3, Single -Family Residential Urban MFR, Multifamily Residential Mixed Use (MU) Corridor Mixed Use (CMU) Neighborhood Commercial (NC) Regional Commercial {RC} 20 feet above the zoning height limitation or 20feet above existing structure 20 feet higher than the maximum height allowed in the zone or SO feet whichever is less* Industrial Mixed Use (IMU) Industrial (I) *An additional 20 feet in height for each additional antenna array collocated on the supporttower, up to a maximum tower height of 100 feet, including the height of all antennas. • . • • • - - - - • " • • 1 - - Table 22.120-1— Tower Height Limitations Zone Antenna A:a•ay Support Tower R-1, Single -Family Residential Estate 20 feet above the zoning height limitation or 16 feet above existing structure 60 feet! R-2, Single -Family Residential Suburban R-3, Single -Family Residential Urban MFR, Multifamily Residential Mixed Use (MtJ) Corridor Mixed Use (CMIJ) Neighborhood Commercial (NC) Regional Commercial (RC) 20 feet above the zoning height limitation or 20 feet above existing structure 20 feet higher than the maximum height allowed in the zone or 80 feet whichever is less*12 Industrial Mixed Use (fk" Industrial (I) 'Wireless communication services, including transmission towers or antenna support structures, that are used by a regional organization for first responder communication shall be allowed to be a height of up to 100 feet for the tower and up to an additional height of 20 feet for the antenna array attached to the tower, for a total combined heightup to 120 feet. *-2An additional 20 feet in height for each additional antenna array collocated on the support tower, up to a maximum tower height of 100 feet, including the height of all antennas. Process PLANNING CITY COUNCIL SEPA COMMISSION REVIEW DETERMINATION REVIEW Oct. 3, 2025 - T Oct. 9 — Study Administrative Determination of I Session Report — Nov. 25 Non -Significance Issued Oct. 23 -Public Ordinance 1st Hearing Reading — Dec. 9 Nov. 13 - Findings Ordinance 2nd of Fact Reading — Dec. 16 a i Questions? rq' F jailmr 'i i r c r Draft CTA-2025-0002 Chapter 22.120 WIRELESS COMMUNICATION FACILITIES Sections: 22.120.010 Purpose and intent. 22.120.020 Permits and exemptions. 22.120.030 Required application submittals. 22.120.040 Design standards. 22.120.050 Landscaping. 22.120.010 Purpose and intent. These standards were developed to protect the public health, safety, and welfare, and minimize visual impacts on residential areas, while frrthering the development of wireless communication services. These standards were designed to comply with the Telecommunication Act of 1996. The provisions of Chapter 22.120 SVMC ran not intended N and shall not he interpreted to prohibit or to have the effect of prohibiting wireless communication services. Chapter 22.120 SVMC shall cover all wireless communication services other than small cell services, which are regulated pursuant to Chapter 22.121 SVMC. 22.120.020 Permits and exemptions. Where a transmission tower or antenna support structure is located in a zoning distrietwhich allows such use as a permitted use activity, administrative review and a building permit shall be required, subject to the project's consistency with the development standards set forth in SVMC 22.120.040. In instances where the use is not allowed as a permitted use activity, a conditional use permit and building permit shall be required in addition to a demonstration of consistency with all required development standards. Exemption: Wireless radio utilized for tenpmury emergency coal nrunications in the event of a disaster is exempt from the provisions of SVMC 22.120,020 and shall be permitted in all zones. 22.120.030 Acquired application submittals. All applications for wireless antenna arrays and wireless communication support towers shall include the following: A. A letter signed by the applicant stating that all applicable requirements of the FCC, the FAA, and any required avigation easements have been satisfied. B. A scaled site plan clearly indicating the location, type and height of the proposed tower, antennas, on - site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, the equipment structure, fencing, buffering and the type of stealth technology which will be utilized. The full, detailed site plan shall not be required irthe antenna is to be mounted on an existing stmctmc. C.1'he applicant shall have performed and provided a photographic simulation of the proposed facility from all affected properties and public rights -of -way. D. The applicant shall provide copies of any environmental documents required by the State Environmental Policy Act (SEPA). CIA 2025-0002 1 Ch. 22.I20 SVMC-Draft E. The applicant shall have demonstrated cftbrt to collocate on an existing support tower or other structure. New support towers shall not be permitted within one mile of an existing support tower unless it is demonstrated that no existing support tower or other structure can accommodate the proposed antenna array. The City reserves the right to retain a qualified consultant, at the applicant's expense, to review the supporting documentation for accuracy. F. Evidence to demonstrate that no existing support tower or other structure can accommodate the proposed antenna array may consist of the following: 1. No existing support towers or other structures are located within the geographic areas required to meet the applicant's engineering requirements. 2. Existing support towers or other sh actu s are not of sufficient height to meet the applicant's engineering requirements. 3. Existing support towers or other structures do not have sufficient structural strength to support the applicant's proposed antenna array and related equipment. 4. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing support towers or other structures, or the antenna on the existing support towers or other structures would cause interference with the applicant's proposed antenna. G. The applicant of a new tower shall provide a signed statement staling the applicant has provided notice to all other area wireless service providers of its application to encourage the collocation of additional antennas on the structure. H. A signed statement from the owner and/or landlord to remove the facility or obtain another permit for the facility within six months of when the facility is no longer operating as part of a wireless communication system authorized and licensed by the FCC. I. Proof that all the necessary property or easements have been secured to assure for the proper construction, continued maintenance, and general safety of the properties adjoining the wireless communication facility 22.120.040 Design standards. The support tower, antenna array, and supporting electrical and mechanical equipment shall be installed using stealth technology. Stealth technology applies to all personal wireless service facilities, including, without limitation, antennas, towers and equipment structures. For any facility, stealth technology means the use of boon existing and frrlrae technology through which a personal wireless service facility is designed to resemble an object which is already present in the local environment, such as a tee, sheetlight, or traffic signal. It also includes: A. For personal wireless service support towers: 1. If within existing bees, "stealth technology" means: a. The tower is to he painted a dark color; It. Is made of wood or metal; and c. A greenbelt easement is required to ensure permanent retention of the surrounding trees. CTA 2025-0002 2 Ch. 22.120 SVMC— Draft 2. Stealth technology for towers in a more open setting means that they must have a backdrop (fox example, but not limited to, trees, a hillside, or a structure) on at least two sides, be a compatible color with the backdrop, be made of compatible materials with the backdrop, and that architectural or landscape screening be provided for the other two sides. If existing trees are the backdrop, Ihcn a greenbelt easement is required to ensure permanent retention of the surrounding trees. 3. Antennas shall he integrated into the design of any personal wireless service tower to which they are attached. External In from the tower shall be limited to the greatest extent technically feasible. 4. For rooftop antennas or antennas mounted on other structures a. For omnidirectional antennas 15 feel or less above the roof, stealth technology means use of color compatible with the root, strnemro or background; b. For other antennas, stealth technology means use of compatible colors and architectural screening or other techniques approved by the City. B. For antennas mounted on one or more building facades, stealth technology means use of color and materials such that the facility has architectural compatibility with the building. Itshall he mounted on a wall of an existing building in a configuration as flush to the wall as technically possible and shall not project above the wall on wh ich it is mounted. C. For equipment structures, stealth technology means locating within a building or if on top of a building, with architecturally compatible screening. An underground location, or above ground with a solid fence and landscaping, is also considered stealth technology. D. Advertising or display shall not be located on any support tower or antenna array; however, the owner of the antenna array shall place an identification plate indicating the name of the wireless service provider and a telephone number for emergency contact on the site. E. No artificial lights other than those required by the FAA or other applicable authority shall be permitted. All security lights shall be clown -shielded, and installed to he consistent with Chapter 22.60 SVMC. F. The facility shall be enclosed by a sight -obscuring secured fence not less than six feet in height with a locking gate. No barbed wire or razor wire shall be permitted. G. The support tower foundations, equipment shelters, cabinets or other on -the -ground ancillary equipment shall be buried below ground or screened with a sight -obscuring secured fence not less than six feet high. The requirement for a sight -obscuring fence may be waived provided the applicant has secured all on -the -ground ancillary equipment in a locked cabinet designed to be compatible with and blend into the setting, and the means of access for the support tower is located a minimum of 12 feet above the ground. H. All support structure(s) for wireless communication antennas shall have their means of access located a minimum of eight feet above the ground unless the requirement for a fence has been waived. I. The support tower shall meet the minimum primary structure setback requirements for the underlying Anne. J. Support towers shall not be permitted inside a public park, public monument or private holding located within a public park or public monument. CTA 2025-0002 3 Ch. 22.120 SVMC—Draft K. The height of the support tower or antenna array above grade shall not exceed the maximum height identified in Table 22.120-1. The height of a support tower shall include antenna, Base pad, and other appurtenances and shall he measured from the finished grade of the parcel. Table 22.120-1— Tower height Limitations Zone Antenna Array Support Tower R-1, Single -Family Residential Estate 20 feet above the zoning height limitation or 16 60 feet! R-2, Single -Family Residential Suburban R-3, Single -Family Residential Urban MFR, Multifamily Residential feet above existing Mixed Use (MU) structure Corridor Mixed Use (CMU) Neighborhood Commercial (NC) Regional Commercial (RC) 20 feet above the zoning height limitation or 20 20 feet higher than the maximum height: Industrial Mixed Use (IMU) Feet above existing allowed in the zone or Industrial(1) 90 feet whichever is structure less 'Wireless communication services, including transmission towers or antenna support structures, that are used by a regional organization for first responder communication shall be allowed to be a height ofup to 100 feet for the tower and up to an additional height of 20 feet for the antenna array attached to the tower, for a total combined height up to 120 feet. li2An additional 20 feet in height for each additional antenna array collocated on the support tower, tip to a maximum lower height of 100 fief, including the height of all antennas. 22.120.050 Landscaping. Refer to Chapter 22.70 SVMC for landscaping requirements applicable to the underlying zoning district. CTA 2025-0002 Ch. 22.120SVMC—Draft CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO.25-013 AN EMERGENCY INTERIM ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING IMMEDIATE HEIGHT RESTICTIONS FOR COMMUNICATION TOWERS USED BY REGIONAL FACILITIES FOR FIRST RESPONDER COMMUNICATIONS, AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley ("City") contracts with the Spokane County Sheriff s Office ("SCSO") to provide law enforcement services within the City, and receives both emergency medical and fire protection services from Spokane Valley Fire Department ("Fire Department") and Spokane County Fire District No. 8 ("Fire District" and collectively with the Fire Department, "Fire Service Providers"); and WHEREAS, the SCSO and the Fire Service Providers both contract with Spokane Regional Emergency Communications ("SREC"), a regional public safety answering point (i.e. a regional 911 call center) formed under RCW 39.34 et seq., to receive calls for emergency response services (i.e. 911 emergency calls) and dispatch appropriate emergency personnel to respond to emergencies (hereinafter "emergency communication services"); and WHEREAS, SREC currently maintains its regional 911 call center facility, including its primary/master communication tower, on property that SREC leases from the City of Spokane; and WHEREAS, the lease between the City of Spokane and SREC will expire at the end of 2025, after which the City of Spokane has stated it intends to begun occupying and using the property to operate its own emergency call center; and WHEREAS, the City, SCSO, and other current member agencies of SREC are not and do not anticipate becoming members or recipients of emergency communication services from the City of Spokane; and WHEREAS, in order to provide uninterrupted emergency communications to the City and SREC's other member agencies, SREC needs to have use of a fully operational regional 911 call center, including a new primary/master communications tower, before the City of Spokane fully occupies SREC's current leased facilities; and WHEREAS, SREC owns real property within the City located at 12809 Mirabeau Parkway (hereinafter "Property") on which it intends to locate its new regional 911 call center and primary/master communications tower; and Ordinance 25-013 Page 1 of 6 WHEREAS, the Property is located within the Mixed Use (MU) zone, mud Title 22, Chapter 120 of the Spokane Valley Municipal Code ("SVMC 22.120 et seq.") prevents communication tower structures from exceeding 60 feet in height in the MU zone and prevents antenna array from reaching more than 20 feet above the tower, for a total allowable maximum height of 80 feet; and WHEREAS, in order to function properly and reliably dispatch emergency personnel throughout the Spokane County region without signal interference or refraction, SREC's primary/master communications tower structure must be constructed to be at least 100 feet in height without attached antenna arrays, and up to 120 feet in total height including all attached antenna arrays, such that it is able to send and receive signals free from interference of surrounding buildings, power lines, and other facilities; and WHEREAS, SREC will lose the ability to reliably and consistently dispatch emergency personnel to respond to al I emergency calls for service throughout the region if the primary/master communications tower construction and 911 call center renovations are not completed and in operation before SREC no longer has use of the existing facilities owned by the City of Spokane; and WHEREAS, SPEC needs to complete construction of the new primary/master communications tower on the Property before it can be programmed to effectively communicate with SREC's other supporting communication towers; and WHEREAS, SREC cannot construct the primary/master communications tower without first having a design for the same, and cannot design the tower to be both operationally effective and permittable by the City due to the current language of SVMC 22.120 et seq. WHEREAS, SREC must also complete renovations to convert the existing building into SREC's new 911 call center in order to receive and send emergency communications, but cannot take on the financial burden of proceeding with construction thereof unless and until the SVMC allows emergency wireless communication towers to be at least 100 feet in height (120 feet in total height including antenna array) because it could result in waste of public taxpayer finds; and WHE,RAS, SREC estimates it will take at least 2 months to complete design and construction of the now primary/master communication tower, and an additional 5 months thereafter to complete the necessary programming for the tower to be operational; and WHEREAS, between now and the date by which permits would need to be issued for SREC to complete the construction and programming necessary for the new primary/master communications tower to be operational, there is not enough time for (a) the City and the City Planning Commission to complete the process required by SVMC 18.10 et seq. to amend SVMC 22.120 et seq. and (b) City Council to thereafter consider and take action on the Planting Commission's recommendations; and Ordinance 25-013 Page 2 of 6 WHEREAS, (a) SREC will not be able to continue providing uninterrupted and continuous emergency communication services once it no longer has access to its current 911 call center unless its new facilities within the City have been constructed and are operational, and (b) SREC will lose access to the currently leased 911 call center and facilities after December 31 ,2025, once the City of Spokane has established and is operating its own 911 call center at that location; and WHEREAS, SREC does not currently own property that could servo as an alternative site for the new primary/master emergency communications tower and 911 call center; and WHEREAS, emergency communication services being unavailable for any length of time could foresecably result in delay or non -delivery of emergency lifesaving services, and therefore presents an imminent risk of harm to the health, safety, mid welfare of persons both in and outside the City; and WHEREAS, pursuant to Article 11, Section 11 of the Washington Constitution, the City of Spokane Valley ("City") is authorized to "make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws," which includes the adoption of regulations governing land uses within the city; and WHEREAS, RCW 35A.63.220 authorizes the enactment of an interim land use regulation prior to holding a public hearing, provided the City conducts a public hearing on the interim regulation within 60 days of the date of adoption of the same; and WHEREAS, pursuant to WAC 197-11-880, the adoption of this interim land use ordinance is exempt from the requirements of a threshold determination under the State Environmental Policy Act (SETA) and future permanent zoning regulations will be reviewed in accordance with SEPA Rules; and WHEREAS, due to the urgent need for SREC to construct a new primary/master communications tower and 911 call center to ensure SREC can reliably provide continuous uninterrupted emergency communication services to the region and City, this emergency ordinance is necessary to protect public health, safety, and welfare; and WHEREAS, the City Council finds that the emergency immediate interim ordinance amendment established by this Ordinance is necessary for the immediate preservation of the public health, public safety, public property and public peace. NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows: Section 1. Preliminary Findings. The City Council hereby adopts the above recitals as findings of fact in support of this Ordinance. Section 2. Interim Amendment Adopted. The City Council hereby declares an emergency and adopts an interim amendment to Title 22 SVMC by adding a new section Ordinance 25-013 Page 3 of6 22.120.060 SVMC "Towers for Emergency Communications Services," as provided in Exhibit A on an interim basis for the period of 180 days while this emergency ordinance is in effect. This temporary interim amendment is adopted pursuant to RCW 35A.63.220 and RCW 36.70A.390. Section 3. Public Hearina. Pursuant to RCW 35A.63.220, the City Council shall conduct a public hearing on this interim amendment on September 16, 2025, at 6:00 p.m., or as soon thereafter as the matter may be heard, to hear and consider the comments and testimony of those wishing to speak at such public hearing regarding the interim amendment set forth in this ,Ordinance. The hearing will take place at the City of Spokane Valley City Hall in City Council Chambers, 10210 East Sprague Avenue, Spokane Valley, 99206. Immediately after conducting the public hearing, the City Council shall adopt findings of fact on the subject of this interim amendment and either justify the continued adoption of the interim amendment, cancel the interim amendment, or modify the interim amendment as determined necessary. Section 4. Duration. The interim amendments set forth in this Ordinance shall be in effect as of the date of this Ordinance and shall continue in effect for a period of 180 days from the date of this Ordinance, unless repealed, extended, or modified by the City Council after subsequent public hearing(s) and entry of appropriate findings of fact, pursuant to RCW 35A.63.220. Section 5. Ratification. Any act consistent with the authority set forth herein and prior to the effective date of this Ordinance is hereby ratified and affirmed. 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. Declaration of Emergency: Effective Date. The City Council hereby declares this Ordinance is in response to a public emergency and is necessary for the protection of public health, safety, and welfare to establish an interim amendment that provides a building height allowance for those regional facilities providing emergency communication services for first responders. This interim amendment must be imposed as an emergency measure to protect the public health, safety, and welfare, and to promote the effective emergency communications throughout the region for effective policing and lifesaving services while the City considers permanent amendments to SVMC 22.120.060. This Ordinance does not affect existing vested rights, nor will it prohibit development within the City since all other allowable uses are not affected by this interim amendment. Based on the reasons and declaration of emergency stated herein, this Ordinance shall take effect immediately upon adoption by the City Council. Passed by the City Council this 29" day of July, 2025. Pam Haley, Mayor Ordinance 25-013 Page 4 of AT E T: City C e c, Mated Patterson Approved as to Form: Office flhe City Abmey Date of Publication: 2 Effective Date: Ordinance 25-013 Page 5 of 6 EXHIBIT "A" Section 22.120.060 — Towers for Emergency Communications Services Wireless communication services, including transmission towers or antenna support structures, that are used by regional facilities for first responder communication shall be exempt from the provisions of SVMC 22.120-1 Tower Height Limitations. Such regional facilities that assist with first responder communication shall be allowed a height restriction of up to 100 feet for the tower and up to 20 feet for the antenna array attached to the tower, for a total combined height up to 120 feet (where the tower is no more than 100 feet from the ground and no antenna array extends more than 20 feet above the top of the tower). Ordinance 25-013 Page of 6