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Ordinance 12-011 landscaping CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-011 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING SECTIONS OF SPOKANE VALLEY MUNICIPAL CODE 22.70 FENCING, SCREENING AND LANDSCAPING; AND OTHER MATTERS RELATED THERETO. WHEREAS, the City of Spokane Valley (City) adopted the Uniform Development Code (UDC) pursuant to Ordinance 07-015,on September 25,2007; and WHEREAS,the Uniform Development Code(UDC)became effective on October 28,2007; and WHEREAS, such regulations are authorized by RCW 36.70A;and WHEREAS, the amendments set forth below are consistent with the goals and policies of the City's Comprehensive Plan; and WHEREAS, after reviewing the Environmental Checklists, the City issued a Determination of Non- significance (DNS) for the proposals, published the DNS in the Valley News Herald, posted the DNS at City Hall, and mailed the DNS to all affected public agencies; and WHEREAS, the City provided a copy of the proposed amendment to Washington State Department of Commerce(DOC) initiating a 60-day comment period pursuant to RCW 36.70A.106; and WHEREAS, SVMC 22.70 as amended, bears a substantial relation to the public health, safety and welfare and protection of the environment; and WHEREAS, on September 22, 2011, the Planning Commission reviewed the proposed amendments; and WHEREAS, On November 10, 2011, the Commission held a public hearing and received evidence, information, public testimony and a staff report with a recommendation; and WHEREAS, On December 8, 2011, the Commission continued the public hearing and received evidence, information,public testimony, a staff report with a recommendation and deliberated; and WHEREAS,On January 12,2012,the Commission deliberated and provided a recommendation; and WHEREAS,On January 26, 2012,the Commission approved the findings and recommendation; and WHEREAS,on February 7,2012, Council reviewed the proposed amendments; and WHEREAS, on February 28, 2012, Council considered a first ordinance reading to adopt the proposed amendment. NOW THEREFORE,THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH BELOW: Ordinance 12-011 Amending SVMC 22.70(Fencing, Screening and Landscaping) Page 1 of 8 Section One: SVMC 22.70 is amended as follows: 22.70.020 General provisions—Fencing. B. Any fence or wall, erected or placed behind the minimum required front yard setback line on a flanking, side or rear yard may be erected or maintained to a maximum height of eight feet above the adjacent grade in residential zoning districts. Lots with double street frontage may have a fence constructed on the property line around the yard not used as the main point of access(the apparent rear yard). C.Neither residential,commercial or industrial fencing,nor any sight obstruction including vegetation,which constitutes a hazard to the traveling public shall be permitted on any lot in any zone within the area designated as the"clearview triangle"as set forth below: 1.A clearview triangle is a measurement applied at the intersection of two streets or the intersection of an alley,private road or driveway and a street to ensure unobstructed vision of motorists and pedestrians. Within the clearview triangle,the space between three and one-half feet and seven feet above the street, or three feet above the sidewalk,must be unobstructed and calculated as follows: Clearview triangles for new development and new commercial driveway approaches shall be calculated using the methods presented in SVMC 22.130.040 Street Standards. a.Uncontrolled Intersection. The right isosceles triangle having sides of 50 feet measure along the curb line of each intersecting local access street(or five feet from edge of pavement for a street with no curbs(see Figure 22.70-2); or Replace Figure 22.70-2 (Uncontrolled Intersection)with: Figure 22.70-2 Uncontrolled Intersection SOft I 1. 50rt 1 Local Access Street 11 Local Access Street CURB ..T _ TIOY PROPERTY LIN I '•OPERTY LINE RIGHT-OF-WAY n u vi m zNOTE:If no curb is present, a measure in 5 feet towards the o ce °z property line from the edge of the roadway. I Z CURB \. CITY CITY RIGHT-OF-WAY RIGHT-OF-WAY Ordinance 12-011 Amending SVMC 22.70(Fencing, Screening and Landscaping) Page 2 of 8 Replace Figure 22.70-3 (Two-Way Stop Controlled Intersection)with: Figure 22.70-3 Two-Way Stop Controlled Intersection i See Table 22.70-1 .{I' I1 See Table 22.70-1 �i Through Street I I Through Street r CURB e ROI 4111 CITY e RIGHT-OF-WAY PROPERTY LINE aNOTE:If no curb is present, °z measure in 5 feet towards the property line from the edge of the roadway crrY . RIGHT-OF-WAY CITY it URB RIGHT-OF-WAY Table 22.70-1 Table 22.70-1 —Two-Way Stop Controlled Intersection Posted Speed (in MPH) Distance (in Feet) 25 70 30 95 35 110 Replace Figure 22.70-4 (Yield-Controlled Intersection)with: Figure 22.70-4 Yield-Controlled Intersection 1 80ft 1 8Ui4 Through Street I Through Street CURB ti� 1 n �'1 PROPERTYRIGHT-OCITY F-WAY LINE CITY ZCURB 1 \,., RIGHT-OF-WAY CITY RIGHT-OF-WAY Ordinance 12-011 Amending SVMC 2230(Fencing,Screening and Landscaping) Page 3 of 8 Move below Figure 22.70-4 e. All-Way Stop Controlled. The triangle determined by the City traffic engineer using AASHTO sight distance requirements for all-way stop controlled intersections; or Replace Figure 22.70-5 (Noncommercial Driveway)with: Figure 22.70-5 Noncommercial Driveway I tree Y tree - Street T ll Street r CURB ..— I_.. _-..PROPERTY_ CITY RIGHT-OF-WAY O EDGE OF EDGE OF DRIVEWAY DRIVEWAY F. Barbed wire may be used for security purposes in mixed use, commercial and industrial zoning districts in the absence of a residential component only on the upper one-quarter of the fence. Barbed wire shall not be permitted in any residential zoning district(except for confining animals, see Section 22.70.020.G and H). Barbed wire shall be installed vertically or projecting into property. An administrative determination may be made by the Director for community facilities seeking relief from barbed wire requirements. G. In any residential zoning district,barbed wire fences may be used to confine animals, if the parcel meets the requirements contained in Section 19.40.150. H. Electric fences may be used for the confinement of animals;provided,however,that: 1. The fence is marked with warning signs at least 24 square inches in area located every 150 feet; and 2. The electric fence is located not less than 24 inches from the property line; and 3. Access to the fence is limited by conventional fencing or enclosure. I. A combination of sight-obscuring fences and landscaping shall be required between incompatible land uses as established in SVMC 22.70.030. J. Fencing shall not block the view of fire protection equipment from approach. (Ord. 07-015 § 4, 2007). Ordinance 12-011 Amending SVMC 22.70(Fencing, Screening and Landscaping) Page 4 of 8 22.70.030 Screening and buffering. B. Type I—Full Screening. 3.All trees and shrubs shall be planted and maintained in accordance with the standards of the American Standard for Nursery Stock. All newly planted trees and shrubs shall be mulched and maintained to give a clean and weed-free appearance. C.Type II—Visual Buffering. 2. All trees and shrubs shall be planted and maintained in accordance with the standards of the American Standard for Nursery Stock. All newly planted trees and shrubs shall be mulched and maintained to give a clean and weed-free appearance. E. General Provisions—Landscaping Table 22.70-4 —Landscaping Points Required Size of Developed Number of Points Required for Development,Additions or Site Area Alterations 500—2,500 sq. ft. Site points=25 2,501 —5,000 sq. ft. Site points= 50 More than 5,000 sq. ft. Site points= 50 plus one point for each 200 sq. ft. of area over 5,000 sq. ft. Parking Two points per required parking space and one point for each proposed additional parking space 3.Landscaping Plan Requirements.A landscaping plan shall be prepared and sealed by a registered landscape architect when proposal exceeds 100 required landscape points. All landscape plans shall include the size and type of landscaping materials,the dimensions of the tract, and a point calculation showing compliance with this provision. 4. An additional 10 percent in the number of points shall be required adjacent to the following aesthetic corridors: a. State Route 27 from 16th Avenue South to 32nd Avenue and Mansfield Avenue to Trent Avenue; b. Appleway Boulevard(south side from Park Road to Dishman Mica Road); c. Mirabeau Parkway from Pines Road to Indiana Avenue; Ordinance 12-011 Amending SVMC 22.70(Fencing, Screening and Landscaping) Page 5 of 8 d. Dishman Mica Road from 8th Avenue, south to City limits; e. 32nd Avenue within the City limits; f. Appleway Avenue from Barker Road to Hodges Road. 5. Points for required full screening or visual buffers shall be in addition to the points required to meet landscaping requirements of this section. 6. A maximum of 25 percent of required landscape points may be claimed within the street right-of-way. 7. A minimum of 60 percent of points shall be used for landscaping in the front and side yards. 8. A minimum of 25 percent of required points shall be used for evergreen plantings. 9. A maximum of 25 percent of required points may be used for turf grass. (Turf located within the street right-of-way is excluded.) G.Landscaping Requirements for Parking Areas. 5. Amount and Location f. Each tree shall be planted a minimum of two feet away from the outside of any permanent barrier of a landscaped area or edge of the parking area. Trees may be staked for a period of not more than 12 months after planting; 6. Parking areas limited to commercial loading and truck maneuvering are limited to provision of street trees along public rights-of-way, planted at intervals no greater than 30 feet on center. 7. Modifications to protect drainage features,easements, or facilities shall be allowed. 8. The requirements of this section shall not apply to parking garages or parking decks, or display areas for automotive and equipment sales and rentals. 9. Proposals requiring ten(10)new parking stalls or less are exempt from landscaping points found in Table 22.70-4. J. Landscaping Requirements for Freestanding Signs. 4.New sign structures on a fully developed site are exempt from landscaping. Ordinance 12-011 Amending SVMC 22.70(Fencing, Screening and Landscaping) Page 6 of 8 L.Modification of Landscaping Requirements. e.Additions or expansions on developed Industrial zoned properties may be exempt from landscaping requirements,where it is shown that the installation of landscaping is not feasible. M.Installation,Maintenance,and Enforcement. 1. Prior to the issuance of a certificate of occupancy,person(s)who prepared landscape plan will certify that the irrigation systems and landscaping have been installed in accordance with approved plans and specifications. Figure 22.70-14 Example of Suggested Deciduous Tree Planting 4 Ai 1 *\ t Nt ,f, Mulch to 1 m Low stake l radius ''',,,,,„, c.......... *s\ ,,z,/ r► Section Two: All other provisions of SVMC 22.70 not specifically referenced hereto shall remain in full force and effect. Section Three: Severability. If any section, sentence, clause or phrases of this Ordinance should 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, clause, or phrase of this Ordinance. Ordinance 12-011 Amending SVMC 22.70(Fencing, Screening and Landscaping) Page 7 of 8 Section Four: Effective Date. This Ordinance shall be in full force and effect five (5) days after the publication of the Ordinance, or a summary thereof, occurs in the official newspaper of the City as provided by law. Passed by the City Council this 13th day of March, 2012. I Ad Mayor, Thomas E. Towey ATTES ' City Clerk, Christine Bainbridge Approved as to Form: Office o he City gurney Date of Publication: ;1 3 Effective Date: ;3 - zP - C) Ordinance 12-011 Amending SVMC 22.70(Fencing, Screening and Landscaping) Page 8 of 8